How Republicans Can Support Eliminating Cash Bail
Rep. Patrick Windhorst (R-Metropolis), a former Massac County State’s Attorney, says Republicans could get behind a bill eliminating cash bail if it gives judges final say on whether a person accused of a crime is held or released awaiting trial.
Top Republicans say they could get on board with changes to the impending end of the state’s cash bail system, if judges are given more latitude than in the way the law is currently written.
Rep. Patrick Windhorst (R-Metropolis), the former Massac County State’s Attorney, says the provisions of the law set to go into effect January 1 leave too much uncertainty for prosecutors, judges, defendants, and the public.
“[Right now], we can’t even get agreement on what the law is supposed to do,” Windhorst said. “Where we’re at right now is that we’ve got a lot of large gaps in the law that the other side, the proponents, aren’t even willing to acknowledge.”
While House Democrats have been negotiating changes to the law during veto session, Windhorst says Republicans haven’t been part of any discussion.
“Our ideas on how to resolve this problem are not being included or considered,” he said. “The response we get from many of the proponents is to either minimize what we’re saying or ignore what we’re saying.”
But, Windhorst says one way to get Republican support would be to give judges more latitude to release or hold defendants.
“If a judge is able to consider the dangerousness of the accused, if they’re likely to be a danger to public safety or their likelihood of flight from the jurisdiction, that would be a better system than what has been put into law at this point in Illinois,” Windhorst said. “The response we get from many of the proponents is to either minimize what we’re saying or ignore what we’re saying.”
Windhorst says he would support a transitional period between cash bond and ending the longstanding system, including giving a judge prerogative to impose a bond if it fits a situation. But, he says, changes to bond laws in 2017 already prevent people charged with low-level offenses to remain in jail long term because they can’t pay a bond.
