It's becoming a national trend in courts across the country -- basing bond for a criminal defendant on their record and their reliability, instead of on whether they can post the right amount of cash. And Illinois is moving into the area of bond reform, in an effort to give defendants a fairer shake from the system.
The Hon. Judge Robbin Stuckert from the 23rd Judicial Circuit, serving DeKalb County, was joined at the October 25th Rotary meeting by the county's Pre-Trial Services Director Michael Venditti to outline the changes being made in how defendants are assessed prior to arraignment, and whether they qualify for release or need to be held pending trial
Venditti notes that posting bond is proving not to be a deterrent in preventing defendants from returning to court; in fact, many violent defendants are able to be released because they can afford a cash bond...while poorer ones remain jailed, because of their inability to pay. He says that spending even a few days behind bars can upend a suspect's life, with the loss of jobs, income, family and standing in the community; those problems can remain even after the adjudication of their case -- regardless of the outcome.
His office now provides judges with fuller information on a defendant to the judge making their bond determination; they conduct pre-trial interviews, do a background check, and give their results to the judge...a fuller package of information to work with than jurists have received in the past. And changes are being considered in state law to give defendants access to counsel, including the presence of a public defender at bond call -- something not provided for in the past (although some jurisdictions, including DeKalb County, may have financial trouble in meeting requirements).
It's still within the discretion of the court on whether or not to have the defendant held, set a bond or release them on their own recognizance.