Monday marked the beginning of cashless bail in Illinois, leaving many in the law enforcement and judicial communities waiting for the full implications of the new system to be realized.

The pretrial fairness and cashless bail aspects of the 2021 SAFE-T Act criminal justice reform bill were slated to go into effect Jan. 1, but a number of appeals  from state’s attorneys and sheriffs in counties throughout the state pushed implementation to Sept. 18 after the Illinois Supreme Court upheld the legality and constitutionality of the law in June.

Locally, the SAFE-T Act was the most pressing concern of several county departments during Monroe County Board budget hearings Thursday and Friday at the Monroe County Courthouse.

The Monroe County Sheriff’s Department, Monroe County State’s Attorney’s Office, Monroe County Circuit Clerk and judicial departments all expressed uncertainty regarding the initial and long-term effects of eliminating cash bail.

In addition to having court hearings every day rather than two days per week in order to accommodate pretrial release hearings, concerns were also voiced about the amount of additional responsibilities which may accompany no-cash bail and pretrial services and how the changes may affect the respective department budgets. 

Monroe County Sheriff Neal Rohlfing and Monroe County State’s Attorney Ryan Webb proposed splitting the cost of an additional deputy to serve as a dedicated liaison between the two departments to assist with an expected increase in hearings and other related duties. 

Commissioner Vicki Koerber asked both if they were certain an additional deputy will be needed. Rohlfing said the additional funding was at the discretion of the county commissioners, and Webb added the departments will take a “wait and see” approach until the effects of cashless bail become more evident. 

If a new officer is needed, Rohlfing and Webb will seek approval at that time.

Webb later told the Republic-Times the realities of pretrial release should be more clearer next month. 

He explained the provisions of release allow an individual who has allegedly committed a crime which is not explicitly listed in state statute as a “detainable offense” to be released with the understanding he or she will appear in court as scheduled, not violate any other laws and follow other applicable conditions imposed.

Webb then added those who are charged and released under the new system will likely have court dates in October, after which prosecutors will have a better idea of how the cashless bail system will affect attendance. 

While Webb said it would be great if the new system works the way it was designed, he added his office is taking steps to prepare in the event it does not.

Webb also noted preliminary data should be available ahead of final approval of the county’s budget for the next fiscal year, which begins Dec. 1. 

Rohlfing was less optimistic in his assessment of the impact of cashless bail. He believes the problem will be an increase in theft rather than violent crime. 

Rohlfing told commissioners he expected the Monroe County Jail to have a significantly lower population in the coming months due to pretrial release, although he said he expects there to be the opposite problem once alleged offenders are eligible for detainment after not showing up for court.

Rohlfing also noted the impact the uncertainty about the cashless bail system had while he was putting together his budget. 

He told commissioners it was “hard to justify money for the jail” without being able to anticipate a potential population.

As of Tuesday, 11 of the 18 inmates at the Monroe County Jail had been granted pretrial release. Three others are inmates awaiting state trial and five were still in custody pending communication from other counties in which they have outstanding warrants.

Rohlfing said if there is no word from those counties, those in custody would have hearings held in Monroe County, leading to a potential situation where a person wanted in Cook County in Northern Illinois could potentially be granted pretrial release by a court in Southern Illinois.

Rohlfing also reported an increase in calls for service and investigations, noting an increase in dangerous drug offenses – specifically methamphetamine. 

In addition to potentially splitting the cost of a liaison deputy with the state’s attorney’s office, Rohlfing proposed adding two full-time deputies to the department with one specifically designated to address issues on Route 3, one of the areas he expects an additional uptick in theft and burglary under the new cashless bail system.

“It is estimated over 75 percent of Monroe County crime comes down Route 3. We have seen an increase in thefts, burglaries and stolen vehicle reports in the northern part of the county, most notably the Columbia area,” Rohlfing said, adding the proposed new position “will also be utilized to assist with time-off requests and will reduce the amount of overtime.”

The sheriff later added he expects thefts to increase at larger retail outlets such as the Waterloo Walmart.

Rohlfing then discussed the need for more deputies for an anticipated increase in investigation volume and need for timeliness for pretrial hearings.

“With the new bail reform that has passed, the investigators will be required to have reports completed at a quicker time frame due to the ‘bail hearing,’” Rohlfing explained. 

“Adding investigators will allow the professionalism, commitment and attention cases need from the investigators instead of putting other cases on hold to make the time frame of the bail reform,” he concluded.

On Tuesday, Rohlfing told the Republic-Times  the approximately 45-50 county sheriffs he spoke with at a recent convention all said they had requested additional funds for resources, including more deputies. 

Monroe County Circuit Clerk Lisa Fallon also projected her office will likely need to adjust to an increase in transcripts required by the recently implemented  SAFE-T Act provisions.

Assistant Chief Judge Chris Hitzemann and 24th Circuit Chief Judge Daniel Emge also addressed commissioners.

The judges explained the state has provided grant funding to provide for an increased need for public defenders during pretrial hearings. 

Rohlfing and Webb have  spoken publicly to various groups in the past few months about the potential impact of cashless bail, speculating on a potential increase in criminals from Missouri and the lack of accountability it gives to alleged offenders in addition to the burdens it puts on the entire criminal justice system.

Sen. Terri Bryant (R-Murphysboro), shared a similar sentiment last week ahead of Monday’s implementation of cashless bail. 

“The Governor (JB Pritzker) and his allies will be taking a victory lap on their first-in-the-nation criminal justice system overhaul,” Bryant said. “But to me and many of the people we represent, defunding our courts, limiting victims services and making law-abiding citizens pay for criminals’ bail with their taxes is just not justice.”

Proponents of cashless bail claim the act prevents wealthy and dangerous criminals from being released if they can afford bail while keeping people accused of minor offenses from being detained simply because they are not able to pay.

Under the cashless bail system, persons charged with specific crimes outlined in the SAFE-T Act  or those who are deemed to be an immediate threat to an individual or community may be detained until trial without the option to pay bail under the new system.