Connect with us

Politics

Illinois courts take slow first steps as cash bail ends

Published

on

[ad_1]


Illinois’ first day without cash bail got off to a slow start outside the Chicago metro area on Monday, with at least one county still using the old system for pretrial decision making. In Chicago and its suburbs, court proceedings took much longer than before, but the new process ran relatively smoothlyFor more than two years, Illinois has been preparing for — and battling over — the end of cash bail, a change that makes Illinois the first state in the United States to take money out of pretrial decisions on detainment and release. On Monday, the new regime got underway.The day started with an early morning press conference in front of the main Cook County criminal courthouse, with supporters of the massive change looking forward to the new system.“Today, we end an antiquated and unjust system that has disproportionately harmed our communities of color and the poor,” Illinois House Speaker Emanuel “Chris” Welch said in front of the Leighton Criminal Court Building on Monday. “Today, we are one step closer to a detention system that puts victims first. Today, Illinois is no longer criminalizing poverty, and the entire nation has their eyes on us.”In counties outside Chicago, some of the court officials tasked with enacting the new system were vehemently opposed to the change. Many downstate prosecutors joined an unsuccessful legal challenge to the law.In some of those counties there was an inconsistent interpretation of when the new law took effect, with some arguing that it should be based on when a person was arrested or charged, instead of the date specified by the state Supreme Court. A spokesperson for that court, reached by WBEZ, declined to weigh in on the debate.

Tristen Rouse

/

St. Louis Public RadioChief Criminal Judge Kyle Napp is photographed in her chambers on the first day of Illinois having no cash bail on Monday at the Madison County Courthouse in Edwardsville.

St. Clair and Madison countiesMore than 500,000 people live in Madison and St. Clair counties near St. Louis, but there were no new pretrial hearings in either county on Monday.Both, however, have at least four combined pretrial hearings scheduled for Tuesday, according to judges in the counties.“I do expect over time, we’re going to be making a pitch for some more detainable offenses,” said Ryan Kemper, an assistant state’s attorney in Madison County. “But a lot of this is just sort of the normal ebb and flow of how cases come into this office.”The Madison County Criminal Justice Center in Edwardsville did host one initial appearance on Monday under the new system.A state’s attorney sought detention of a man charged with felony stalking, but a public defender asked for a 24-hour delay. The judge granted the delay, setting the detainment hearing for Tuesday afternoon.Despite the lack of pretrial hearings, judges said they were pleased with the first day under the new system.“Things went as well as we could have hoped today,” said Judge Kyle Napp, the chief criminal judge in Illinois’s 3rd Circuit, which covers Madison and Bond counties.Easing into such significant changes with a relatively light workload wasn’t a bad thing, Napp said.Napp, who oversees but does not preside over initial appearances and pretrial hearings, said getting all the little details right — like starting court promptly at 1:15 p.m. and giving proper notice to all parties involved — will be the focus for Madison County over the next week.

Tristen Rouse

/

St. Louis Public RadioAn electronic screen, still broadcasting information on how defendants can pay cash bail on the first day of Illinois having no cash bail, on Monday at the Madison County Courthouse in Edwardsville.

DuPage CountyIn west suburban DuPage County, the state’s second-most populated judicial circuit, 22 pretrial defendants arrested from Sunday through early Monday were brought one-by-one to a newly remodeled courtroom near the sheriff’s office.Of those, 14 faced charges of domestic battery — a misdemeanor — or violation of a protection order in a domestic violence case. For other defendants, charges ranged from retail theft to aggravated driving with a suspended or revoked license.If the proceedings had been bond hearings like those held through Sunday, according to DuPage County public defender Jeff York, “we probably would have been done within an hour for sure.”York said that’s because the judge would have set a bond in each case after quick statements from the prosecutor and defense attorney. York said the preparation for his staff of defense attorneys — who represent people who cannot afford an attorney — would have been quicker too: “We would have had 5 to 10 minutes with our client and no evidence discovery.”But Monday’s hearings, which began at 8:30 a.m., did not finish until around 4:30 p.m. Nine defendants were ordered released within 15 minutes each because the prosecutors had not petitioned for detention and because the defense attorneys voiced few qualms about the conditions of release.The contested hearings averaged roughly a half hour each because defense attorneys — armed with evidence in their cases due to the new law — could present stronger arguments for their client’s liberty. The hearings stretched longer when interpretation was necessary for defendants who did not speak much English. Monday’s defendants included several Spanish speakers and two from Romania.Prosecutors ultimately sought pretrial detention for 10 of the day’s 22 defendants. Of those, Judge Dieden — having found a safety threat or flight risk — ordered jail for just two.One of the defendants released by Dieden had been arrested for aggravated unlawful use of a weapon while on probation for a 2021 conviction on a similar charge.DuPage County State’s Attorney Bob Berlin, who appeared briefly in the courtroom, said later that the new law did not allow prosecutors to petition for detention in that case.Dieden ordered jail for two others until at least Tuesday because technical glitches had blocked evidence discovery. From the bench, Dieden voiced concerns about adding to Tuesday’s court call: “I’m worried about the snowball effect and that we’ll have the same problem tomorrow.”Some advocates who campaigned for eliminating cash bail have voiced worries that Illinois judges will substitute electronic monitoring for the money bonds. But Dieden did not order electronic monitoring for anyone Monday.

Tristen Rouse

/

St. Louis Public RadioLEFT: A man sits with a notepad and folders full of paper ahead of a defendant’s appearance in Associate Judge Ryan Jumper’s court on the first day of Illinois having no cash bail, on Monday at the Madison County Courthouse in Edwardsville. RIGHT: A copy of the Declaration of Independence is framed in Associate Judge Ryan Jumper’s courtroom.

Sangamon CountyAt the Sangamon County courthouse in Springfield, pretrial hearings were still being conducted under the old system. Officials there said it was because no new arrests had been made since the law took effect at 12:01 a.m. on Monday.That seemed to contradict the Illinois Supreme Court’s July ruling authorizing the end of cash bail. The high court’s instructions said “September 18, 2023” was the day that “the circuit courts are directed to conduct hearings consistent with” the Pretrial Fairness Act.Sangamon County Chief Judge Christopher Reif did not answer WBEZ’s phone calls seeking clarification about the county’s decision to hold hearings under the old system.An Illinois Supreme Court spokesperson declined to comment on whether Sangamon County was properly interpreting the ruling.Inside the courtroom Monday, there was debate over whether the defendants who were already in custody should be processed under the new cashless system. That would have meant forgoing bond and instead setting conditions, such as electronic monitoring, for their release pretrial.Public Defender Craig Reiser argued that people with hearings on Monday should have been released or had their bond amounts lowered because their charges were no longer detainable under the new law. Many defendants were charged with domestic battery or lower-level misdemeanors such as retail theft.The prosecutor argued the defendants were charged with crimes before the new system went into effect, making the previous status quo the “calculus the court should take.”Judge Rudolph Braud granted the release of almost every defendant after making them promise to appear for their next court date. Several people were relieved. One defendant fist bumped courtroom security on his way out.But Braud denied a bond reduction for three people. One person charged with retail theft had “too many pending charges” in surrounding counties and was deemed a willful flight risk. Another person charged with aggravated battery was also denied a bond reduction, due to outstanding battery and domestic battery cases. The last person denied a reduction was charged with possessing firearms without a valid Firearm Owners Identification card.

Tristen Rouse

/

St. Louis Public RadioThe St. Clair County Administration Building, which also houses the St. Clair County Courts, on Monday in Belleville. Sept. 18 marked the first day cash bail was eradicated in Illinois.

McLean CountyIn the McLean County courthouse in Bloomington, three people had pretrial hearings on Monday.The hearings happened in a packed courtroom, with four judges and State’s Attorney Erika Reynolds watching from the gallery. Reynolds was one of several state’s attorneys who joined a failed legal bid to stop the abolition of bail.In an example of Monday’s confusion over the new law’s implementation, the judge, prosecutor and defense attorney debated whether a man arrested Saturday on gun charges was eligible for cash bail under the old system or if he should be processed under the new system.Unlike what played out in Sangamon County, the man’s attorney argued he should be eligible for the old cash bail system, hoping to get his client out of jail.Ultimately, the judge sided with prosecutors, and McLean County had its first hearing on a petition to detain under the new system. Prosecutors successfully argued that the defendant — a 24-year-old accused of possessing a gun as a felon — posed a risk to public safety.

[ad_2]

Source link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Poll: Support for Missouri abortion rights amendment growing

Published

on

[ad_1]


A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

/

St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

[ad_2]

Source link

Continue Reading

Politics

Democrat Mark Osmack makes his case for Missouri treasurer

Published

on

[ad_1]


Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

[ad_2]

Source link

Continue Reading

Politics

As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

Published

on

[ad_1]


Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

/

Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

[ad_2]

Source link

Continue Reading

Trending