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The victim restitution issue and the upcoming changes

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* DuPage County State’s Attorney Bob Berlin was on the Jeanne Ives SAFE-T Act panel the other day and said this

One final part about the law, what happens when you dry up cash bail, is that right now, when defendants post bond and they’re found guilty, when restitution is ordered to victims, that money comes out of bond money, and victims of crime will not receive that restitution out of bond money.

According to the Civic Federation, DuPage County collected $5.7 million in bond payments last year, and paid out just a tiny fraction of that, $195,652, for victim restitution, almost equal to the local state’s attorney’s salary that year.

Indeed, comparing state’s attorney salaries to county victim restitution payments is quite eye-opening.

According to the Civic Federation, a total of $83 million was collected in bond payments in 95 counties last year (Cook and some smaller counties were not included in the data), and $2.6 million of that went to restitution. That same year, those same counties’ 95 state’s attorneys were paid a grand total of $14 million in salaries (not including pensions and other benefits).

* I reached out to the governor’s office to ask about state funding for victims’ assistance and was told the Fiscal Year 2023 budget puts $10.5 million new GRF in the Attorney General’s budget for awards and grants under the Violent Crime Victims Assistance Act, on top of the existing $5.5 million appropriation. Plus, the AG received a new $7 million GRF appropriation for the Crime Victims Service Division. Plus the GRF appropriation for the Court of Claims’ Crime Victims Compensation Act went from $6 million to $7 million. The Court of Claims also gets federal money. There’s also new state funding for the Violent Crime Witness Protection program.

* And there’s another side of the money issue from Sen. Elgie Sims, a SAFE-T Act sponsor

Sims said the opposition’s misinformation campaign against the ACT is nothing more than a “red herring that is there to distract you from the real issue. The real issue is that over the last five years, not my numbers, $700 million has gone into the cash bail system. Imagine what could happen in the communities” with that kind of money.

* Meanwhile, from the Aurora Beacon-News

Kane County State’s Attorney Jamie Mosser has spent the last two weeks working with other state’s attorneys, law enforcement officials and legislators to make changes to the SAFE-T Act before its introduction Jan. 1, 2023.

Mosser, Champaign County State’s Attorney Julia Rietz, Peoria County State’s Attorney Jodi Hoos and DuPage County State’s Attorney Bob Berlin have met twice a week over Zoom with legislators and advocates for the SAFE-T Act, the Illinois Sheriffs Association, the Illinois Association of Chiefs of Police and the Illinois Fraternal Order of Police for negotiations over changes to the act. […]

Mosser said she worries about how under the new law, defendants in serious crimes would not be detained. For instance, someone involved in a motor vehicle accident that results in death who fled the scene or someone who threatened a school would not be able to be detained, she said.

“I think this was all unintended and when you have a year and a half to pick apart the legislation, you find these things,” Mosser said.

* House Speaker Chris Welch was also asked about the talks

We have the fall veto session coming up here in mid-November. Are you anticipating a follow-up measure related to the SAFE-T Act?

We do have a public safety working group that’s been meeting on this continuously since the end of session. I do understand that they are having some very productive conversations. And if that group has a recommendation for us, we will be prepared to put it on the board and call it (for a vote). It’s likely that they will have a recommendation for us, because we’ve already had three trailer acts to the SAFE-T Act pass. And they’ve committed to continuing to do the work. And a fourth trailer bill would only be keeping with that commitment.

What are your priorities in a follow-up bill?

I don’t have any priorities. My priority is to listen to my caucus. And the caucus is doing the work. They’ve been meeting since the end of session. Our public safety working group is very diverse and geographically diverse, ethnically diverse, genderly diverse. And they’ve been doing the work, meeting with the advocates. They’re going to have a recommendation for me, as the leader of the caucus. I’ll put it before the entire caucus, we’ll vet it, and likely put it on the board, because it’s gone through our process. But it would be premature for me to get ahead of a group that’s been doing that kind of work, with talk about what my agenda would be. I haven’t met with any of these advocacy groups. They’ve been doing work, and the proper respect would be to allow them to continue to do that work.

* More…

posted by Rich Miller
Monday, Oct 24, 22 @ 1:15 pm

Comments

  1. People treat Bob Berlin as some kind of honest broker, but he’s far from it.

    Comment by Google Is Your Friend Monday, Oct 24, 22 @ 1:28 pm

  2. Why on earth should someone who’s supposed to be presumed innocent ever have to pay money up front for the restitution that they might be ordered to pay in the event that they are eventually found guilty?

    Comment by charles in charge Monday, Oct 24, 22 @ 1:32 pm

  3. to be fair, salaries for County Public Defenders should also be listed.

    Comment by Amalia Monday, Oct 24, 22 @ 1:49 pm

  4. old list for Cook County but probably similar $ now. what is extra pay? also, the public defender’s office is unionized, SAs not allowed to do that. https://salary.bettergov.org/department/cook-county-public-defender-2dc8bf06/

    Comment by Amalia Monday, Oct 24, 22 @ 1:53 pm

  5. ===to be fair===

    Public defenders aren’t making an issue out of the money aspect. Prosecutors are.

    Comment by Rich Miller Monday, Oct 24, 22 @ 1:54 pm

  6. ====a total of $83 million was collected in bond payments in 95 counties last year (Cook and some smaller counties were not included in the data), and $2.6 million of that went to restitution.===
    Oh good. So they should have some money left over to use in the future.

    Comment by Betty Draper’s cigarette Monday, Oct 24, 22 @ 1:56 pm

  7. There is the old saying of follow the money. I found a good article from Center for American Progress. A few highlights: US and the Philippines are the only two countries that have a commercial bail bond system. In the U.S. it brings in over $2Billion in profit to a handful of insurance companies. Even if a person is innocent and charges dropped the bail bond company keeps their percentage.

    It never impacted me, so I will admit I never paid it much attention. But the more I know, the more I want it to end.

    I also would be interested in knowing if the insurance companies and bail bond companies are donating to political campaigns, running dark money campaigns and fueling the myths about ending cash bail.

    Comment by City Guy Monday, Oct 24, 22 @ 2:12 pm

  8. City Guy- there are no bail bond companies in Illinois. In the cash bail system here an accused has to post 10% of the bail amount to be released pending trial.

    Comment by Count Floyd Monday, Oct 24, 22 @ 2:23 pm

  9. ===the insurance companies and bail bond companies====

    We don’t have that system here.

    Comment by Rich Miller Monday, Oct 24, 22 @ 2:30 pm

  10. How many people are held in jails who can’t make bond? How much will this reduce need for Sherrif deputies at the jail because their population will drop and how many more of those officers will be back on the street? This is a huge issue, or it’s not. If all the poor people who can’t make bail leave after arraignment, and all the police are worried about them, there should be a lot of police sheriff deputies open for redeployment.

    Comment by frustrated GOP Monday, Oct 24, 22 @ 2:50 pm

  11. Restitution is ordered by the court. It is not ordered in every case, it is at the discretion of the judge, and can be fulfilled by non-monetary means. Looking at what is paid to restitution as a percentage of all bond payments is not representative. The bond that is held in convictions is applied to court costs, state programs and other places. That is the money that will be going away. Regardless of how you feel about it being used in the first place, those are funds that will not be available to fund the court system and other programs on 1/1/23.

    Comment by Anonymous 103 Monday, Oct 24, 22 @ 3:25 pm

  12. ===Looking at what is paid to restitution===

    He brought it up, not me.

    Comment by Rich Miller Monday, Oct 24, 22 @ 3:30 pm

  13. Will County: Republicans on county board suggested in committee a resolution asking to delay implementation by 6 months. At full board they changed their mind and offered an amendment to the resolution to support complete repeal. Their amendment failed and the original resolution - to delay - was removed from the agenda entirely.

    Comment by Not Your Gramma Monday, Oct 24, 22 @ 3:39 pm

  14. As a person that reconciles cash bond payments, there will be a dramatic effect on the court finances to run the system. There will need to be a solution for this loss in funding.

    Comment by Holding Back Monday, Oct 24, 22 @ 3:46 pm

  15. Won’t costs be decreased as well?

    Comment by The Velvet Frog Monday, Oct 24, 22 @ 3:48 pm

  16. One side says this law will keep fewer people in jail awaiting jail.
    The other side says this law will keep more people in jail awaiting trial.
    This does need clarification.

    Comment by DuPage Monday, Oct 24, 22 @ 3:57 pm

  17. –salaries for County Public Defenders should also be listed.–

    Bail money isn’t used to pay public defenders. The legal presumption under current Illinois law is that if you can pay bail, you can afford a private attorney.

    Bail DOES get used to pay private attorneys though, but only at the request of the defendant.

    Comment by TheInvisibleMan Monday, Oct 24, 22 @ 3:58 pm

  18. (Correction) Fewer people in jail awaiting TRIAL. (Not jail).

    Comment by DuPage Monday, Oct 24, 22 @ 4:00 pm

  19. All of the public misinformation and confusion among county state’s attorneys begs the question - why hasn’t the Illinois Attorney General held public meetings to clarify fact vs fiction for all 102 state’s attorneys?

    Comment by here we go Monday, Oct 24, 22 @ 4:21 pm

  20. Don’t know that the AG could improve upon the work of the Implementation Task Force.

    Go read the Task Force’s flow charts, considerations and watch it’s Town Hall meetings, all easily found on the Illinois Supreme Court’s website.

    Issues interpreting the PFA were pointed out by the Task Force in a non-partisan manner over a year ago.

    Comment by BCOSEC Monday, Oct 24, 22 @ 4:44 pm

  21. ==more people in jail awaiting trial==

    Who is saying that?

    Comment by The Velvet Frog Monday, Oct 24, 22 @ 4:50 pm

  22. 6:37 was me.

    Comment by DuPage Monday, Oct 24, 22 @ 6:37 pm

  23. = We’re starting to give the criminals more rights than the victims. =

    I’m probably wasting my breath, but we are not talking about criminals. We are talking about pre-trial detainees.

    Comment by JoanP Monday, Oct 24, 22 @ 8:28 pm

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