Democrats Call GOP Objections to Criminal Justice Reform "Fearmongering"
Members of the Illinois Legislative Black Caucus celebrate the passage of a wide-ranging criminal justice reform bill last month. Republicans say the bill will allow more violent criminals out on the streets while a prominent Black lawmaker says the GOP is “fearmongering.” (Pool Photo/Justin Fowler)
The justice system failed Cassandra Tanner-Miller. Less than two years ago, she endured an unimaginable tragedy in her home in Joliet. Her estranged husband nearly beat her to death, badly hurt her daughter, and shot and killed her 18-month-old son. Her ex, Christopher Miller, then killed himself.
“I sit here every day struggling, wondering what we can be doing to protect people,” Tanner-Miller said Thursday. “The criminal justice system needs reforms, but this [legislation] is not reform, this is dismantling.”
She joined House Republicans Thursday urging Governor JB Pritzker to veto the sweeping criminal justice reform bill passed during last month’s lame duck session.
“More Christopher Millers are going to be let out, putting victims, particularly domestic violence victims, in harm’s way,” she said.
One of the biggest issues for Tanner-Miller and the group of House GOP members was the provision eliminating cash bail.
“Under the language of this bill, a dangerous individual charged with murder could be given no cash bail and walk before trial because, under the law, they would no longer be considered a threat to their victim due to the fact that person is dead because they killed them,” said Rep. David Welter (R-Morris).
That may be hyperbolic.
While a judge may not set a cash bond under the bill, a defendant who is considered a flight risk or a risk to the public could be kept in custody.
“That’s fearmongering,” said Rep. Will Davis (D-Homewood), a member of the Illinois Legislative Black Caucus, which championed criminal justice reform. “That suggests we’re going to open up the prison doors and everybody who is out there committing crimes is going to be let go and they’re just going to go back in the streets and [start] committing crimes again. I’m trying very hard not to pull the race card, but you tell people in certain communities, ‘the Black Caucus just wants to let everybody out of jail, so you better be careful,’ there’s no need for that.”
Tanner-Miller said a cash bond would have kept her ex-husband in jail, not showing up at her house to hurt her family. Christopher Miller was on parole for several counts of aggravated battery, a DUI, and cocaine possession. He was released on an individual bond for the cocaine possession, meaning he signed a statement he would appear in court without having to pay any money. Judges could resort to more “I-bonds” in lieu of cash bonds.
“If Christopher Miller had to post money that day when he was arrested or his bond conditions were revoked or stricter, my son Colten would be celebrating his third birthday this month on February 26th,” Tanner-Miller said.
Supporters of the criminal justice package said the current cash bond system disproportionately punishes poor people.
“There are too many people languishing in county jails because they can’t come up with $200, $500, to bail themselves out of jail,” Davis said. “Their families don’t have the resources in order to be able to do it. The thought was we’re spending more money keeping these people in jail for $200 and that’s money that could be reinvested into reforming the system.”
Another cause for concern among the House GOP members was compelling victims, particularly domestic violence victims, to testify in front of their abuser.
“A victim, like a child who has been sexually abused and trafficked, could be compelled to face their attacker at a hearing within hours of an assault or from being rescued from a trafficker, I’m frankly at a loss,” said Rep. Chris Bos (R-Libertyville), who was elected in November and was sworn in a few minutes after the vote on House Bill 3653. “The trauma that would cause a victim is unthinkable.”
Davis disagrees with that Republican claim, too. He says defendants may have the right to face their accuser, but he said it doesn’t have to be a dramatic face-to-face encounter in the courtroom. He said a judge would have the ability to speak to the victim in the judge’s chamber or to clear the courtroom to avoid that victim having to see their abuser.
The legislation has the backing of domestic violence advocacy groups like The Network: Advocating Against Domestic Violence and the Chicago Alliance Against Sexual Exploitation. That fact was puzzling for some of the opponents of the bill.
“They probably haven’t read the bill, or they didn’t read the entire bill, or they haven’t thought about how it practically affects every day in the courtroom,” said Jacqueline Lacy, the Republican Vermilion County State’s Attorney. “They’re overturning hundreds of years of jurisprudence in a matter of an hour and 45 minutes.”
Lacy alluded to the vote which happened in the literal final few minutes before the authority of the last General Assembly expired.
“We’re for criminal justice reform but we want to be part of the process,” said Rep. Mike Marron (R-Fithian). “We want to be part of a bill that makes sense, so I encourage the Governor to veto this bill and let’s start over again.”
Governor Pritzker’s spokesperson didn’t respond to an email asking for comment, but he has repeatedly voiced his support for the bill.
Davis said the legislation was in the works for months. He said the legislature has passed budgets in the lame duck session so sweeping reforms shouldn’t be off the table.
“It’s easy when you don’t participate and then you sit back and talk how bad what someone did based on your opinion but if you had something worthwhile to say, did you say it?” Davis said. “If you had a particular fear or thought, or talked about what may be an unintended consequence, did you raise that issue?”
Democrats and Republicans both agree the criminal justice system is broken.
“If we really want a good product, it should be bipartisan,” Rep. Welter said. “Republicans have a desire for criminal justice reform but include us. Hear our thoughts, hear our concerns and work with us.”
The two parties just disagree on what should be done to fix it.
