Elimination of cash bail leaves jails across Illinois with vacant positions

Illinois jails have seen a decrease in population ever since the Pretrial Fairness Act, which abolished cash bail statewide as of September 2023.

According to McLean County Sheriff Matt Lane, the current occupancy rate of the county jail is approximately 38%.

Lane, in an interview with The Center Square, mentioned that they currently have a closed section due to a plumbing issue, along with a few other maintenance tasks that need attention. The vacancies provide them with some flexibility in managing the population, as it would have been challenging to address the necessary repairs if the facility were completely full.

According to Lane, the vacancies can be attributed to the implementation of the Pretrial Fairness Act, which was included in the SAFE-T Act. He further explains that if there is no need for the additional space, he has the flexibility to close certain sections of the jail. This allows for cost savings in terms of taxpayer money, which can then be allocated towards staffing and utilities.

According to Lane, if individuals who are released immediately do not return for their court hearings, there is a possibility of an increase in that population.

At present, the Cook County Jail has a total capacity of 9,774 beds, with 1,906 beds currently vacant.

“The population in Cook County has seen a significant decrease since 2017 due to the implementation of bail reforms,” explained Matt Walberg, the spokesperson for the Cook County Sheriff’s Office. He further added, “Since the Pretrial Fairness Act came into effect in September, there has been a lesser but still notable decline in the population.”

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Cook County has issued a statement addressing the issue of their surplus space resulting from increased vacancies. The statement clarifies whether they plan to utilize this space to accommodate the homeless population or any of the 35,000 migrants that have recently arrived in Chicago.

“In the last ten years, we have worked together with our system stakeholders and partners to effectively decrease the excessive use of jails. Our goal is to establish lasting solutions that not only reduce crime and violence but also decrease the dependence on the criminal legal system. To achieve this, we need to invest in communities that have long suffered from disinvestment and over-incarceration. Our focus is on community-based systems rather than carceral ones,” explained Nick Mathiowdis, the Office of the President Press Secretary. He added, “Currently, we are conducting a thorough assessment of the County’s criminal justice budgets using resources provided by the American Rescue Plan Act.”

Mathiowdis states that the purpose of the study is to determine and redirect funds from redundant or unnecessary areas, as well as initiatives that do not align with the main goals of a specific agency. The objective is to allocate these resources into more efficient and mission-focused investments.

The Cook County and McLean County jail facilities will not be repurposed at this time.

According to Lane, he is not in favor of using the jail as a housing solution for homeless individuals or migrants.

According to Lane, the campus was not designed for free movement and is not intended for such purposes. He believes that allowing unrestricted access is not a wise decision. While the county board may have alternative suggestions, Lane personally does not support the idea.

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According to Ben Hollis, the chief deputy sheriff in Menard County, the Pretrial Fairness Act may be partially responsible for some vacancies at their jail. However, it is important to note that the number of vacancies has actually remained relatively consistent since the implementation of bail reforms in 2017.

According to Hollis, the jail population in our county remained relatively stable as many of the non-violent offenders were already being released due to the bail reforms implemented in 2017.

The Menard County jail is currently housing 10 inmates out of a total of 26 available beds. In the past, the jail would typically have around 15 beds occupied prior to the implementation of the Pretrial Fairness Act.

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