Fred Morelli is a criminal defense attorney who takes cases across northern Illinois. These days, Morelli is more likely to huddle with his clients in the hallway (albeit 6 feet apart) rather than through a glass partition in the jail.
There are fewer people being locked up and there’s no mystery why: Jails are trying to keep COVID-19 cases at bay and are housing only those who have to be held under lock and key, such as accused killers, rapists and repeat DUIs. Everybody else can stay home while awaiting trial, thanks.
But Morelli, whose practice is in Aurora, thinks something else is going on. The novel coronavirus has awakened people to the realization most low-level offenders don’t need to be locked up – a view that he has long held.
“In my view, the primary goal of the criminal justice system is to protect the public,” Morelli said, “and the guys working on their first DUI or caught shoplifting at Jewel don’t need to be in jail.
“I think it will continue,” he predicted. “I think people will get used to where we don’t have to keep everybody locked up.”
Some law enforcement agents are coming to agree. Counties are saving money by reducing intakes and the public seems OK with trimming jail rosters. Even after COVID-19 passes, there’s a chance it will remain easier for low-level offenders to stay out of custody before trial.
Ron Hain is Kane County Sheriff and he said emptying his cots has reduced overtime and slashed meal service. Most importantly, there has been no recidivism among the low-risk suspects released since COVID-19 started.
“I am certainly hoping this proves the point that I’ve been jumping up and down about over the last year: That there are far too many in custody for too long for non-violent crimes,” Hain said. “Let’s bring them into custody when the crime occurs, guide them through in-custody programming and release them with wrap-around support.”
La Salle County also is warming to the idea of keeping the jail population down going forward. State’s Attorney Karen Donnelly is open to continuing the issuance of notices-to-appear, as opposed to cash bonds, for misdemeanors and non-violent felonies.
“The population right now at the jail is manageable and we want it to stay that way,” Donnelly said.
Other law enforcement agents downplayed the idea they might continue liberalizing terms of release. Authorities in Will and McHenry counties were non-committal when asked if notices-to-appear would continue replacing cash bonds for certain offenders.
In doing so, Will County cut its adult jail population 12% in less than a month (from 604 to 527). Yet a spokeswoman for Sheriff Mike Kelley said they’re not ready to revise policies until the pandemic is in the rearview mirror.
“Without knowing what the future holds regarding this virus it is hard to say,” Kathy Hoffmeyer said. “I feel comfortable saying that at this point it will most likely be several months, if not a year or so, before we return to previous practice, if that decision is made.”
DeKalb County also doesn’t foresee things changing much after COVID-19, if only because they enacted bail reforms long before the novel coronavirus appeared.
State’s Attorney Rick Amato said DeKalb County began implementing custodial changes in 2016, with the result that when the coronavirus hit there were no low-level offenders in custody to be reevaluated for release.
“Because our county was so proactive, it really got us ahead of the curve for this (the pandemic),” Amato said.
Some counties outside the suburbs haven’t changed release conditions because they hadn’t had to double-bunk inmates to ease crowding.
Ogle County has a population just north of 50,000 (about a third the city of Joliet) and Sheriff Brian VanVickle said they don’t house low-level suspects awaiting trial. He had no pre-trial detainees when COVID-19 struck and therefore no policies to reconsider in the virus’ aftermath.
“Our housing is for those sentenced by the judge and that’s not my decision to make,” VanVickle said. “As far as what’s happening in the cities, that’s not happening for us.”
Those jurisdictions that have eased pre-trial custody are finding the public more receptive than would have been the case a decade ago. Donnelly’s felony caseload has slid 34% in just over a decade and her constituents aren’t clamoring to put people away.
Legalized cannabis also has helped soften long-held views about locking up drug suspects, even those charged with felony possession; but one sheriff argued that addiction sometimes demands keeping people in custody.
Whiteside County Sheriff John Booker said his county is struggling with methamphetamine and that bond reductions or notices-to-appear present a moral conundrum: Let meth suspects out of custody and they’ll simply go out and use again.
Nevertheless, Booker said he and his police chiefs all agreed that infection control demanded they limit intakes and the jail census promptly fell off 30%, from an average 85 inmates to about 60. Booker acknowledged it would be worth revisiting when the pandemic subsides.
“COVID-19 is going to change a lot of things, and this is something we’re going to have to look at,” Booker said. “Because that’s your biggest expense and liability is running the jail.”
Coronavirus may permanently alter release terms, but one Kane County attorney thinks the pendulum was due to swing back in favor of defendants.
Charles Rea, a criminal defense lawyer in Elburn, said the state legislature had gradually stripped judges of discretion on the jailing of suspects. Coronavirus has given the bench an opportunity to push back. Judges are exercising broader discretion amid the virus and Rea thinks they won’t surrender it even after the pandemic passes.
“Even before the virus hit, there was a groundswell for changing the way we detain people on a pre-trial basis,” said Rea, who has one client in custody. “We’ve needed a reform of the criminal justice system and, ultimately, this will lead to a longer look at reform possibilities.”
Source: The Daily Chronicle