THE ILLINOIZE: How Republicans could get on board with ending cash bail...How helping Bailey hurts Bailey...IEA goes for Brady
September 20, 2022
Good morning from Springfield.
I’ll tell you more about why I’m here today in our Livestream and podcast which you can watch at noon tomorrow on our YouTube channel. The podcast is available on Apple, Google, Spotify, or Amazon.
I joined the great Steve Cochran and Andrea Darlas yesterday on WLS Radio to discuss criminal justice reform and our story from Friday that House Democrats are negotiating changes to the cash bail aspect of the law during the November veto session. (That story is here, if you missed it.)
Governor JB Pritzker has no events on his public schedule. Darren Bailey continues a bus tour with a 9am stop in Peoria and a 6pm stop in Rockford.
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HOW REPUBLICANS CAN SUPPORT ELIMINATING CASH BAIL
Top Republicans say they could get on board with changes to the impending end of the state’s cash bail system, if judges are given more latitude than in the way the law is currently written.
Rep. Patrick Windhorst (R-Metropolis), the former Massac County State’s Attorney, says the provisions of the law set to go into effect January 1 leave too much uncertainty for prosecutors, judges, defendants, and the public.
“[Right now], we can’t even get agreement on what the law is supposed to do,” Windhorst said. “Where we’re at right now is that we’ve got a lot of large gaps in the law that the other side, the proponents, aren’t even willing to acknowledge.”
While House Democrats have been negotiating changes to the law during veto session, Windhorst says Republicans haven’t been part of any discussion.
“Our ideas on how to resolve this problem are not being included or considered,” he said. “The response we get from many of the proponents is to either minimize what we’re saying or ignore what we’re saying.”
But, Windhorst says one way to get Republican support would be to give judges more latitude to release or hold defendants.
“If a judge is able to consider the dangerousness of the accused, if they’re likely to be a danger to public safety or their likelihood of flight from the jurisdiction, that would be a better system than what has been put into law at this point in Illinois,” Windhorst said. “The response we get from many of the proponents is to either minimize what we’re saying or ignore what we’re saying.”
Windhorst says he would support a transitional period between cash bond and ending the longstanding system, including giving a judge prerogative to impose a bond if it fits a situation. But, he says, changes to bond laws in 2017 already prevent people charged with low-level offenses to remain in jail long term because they can’t pay a bond.
TWO STATE’S ATTORNEYS SUE
If you didn’t see, two different State’s Attorneys filed suit Friday over the criminal justice reform law.
Democrat Jim Glasgow of Will County and Republican Jim Rowe of Kankakee County filed separate court actions asking the law be declared unconstitutional.
More on the Will County suit via the Chicago Tribune:
The suit was filed in Will County court as Pritzker, who signed the legislation into law February 2021, faces a contentious reelection bid on Nov. 8 against Republican challenger Darren Bailey, a state senator from downstate Xenia who is seeking to repeal the SAFE-T Act.
Starting Jan. 1, judges will weigh several factors, including the threat a defendant poses to the public, in deciding what defendants must remain in custody.
But Glasgow and the law’s other opponents worry the no-cash bail provision will weaken police and embolden criminals. On Friday, Glasgow said in a statement that his suit “is not about politics; it is about public safety.”
Glasgow has been accused of spreading misinformation about the SAFE-T Act, particularly by claiming that murder suspects currently in custody will automatically be released when the no-cash bail policy goes into effect.
“Sadly, I have received veiled threats over my opposition to this legislation, but I must put the safety of my constituents first,” Glasgow said in his statement Friday. “On this issue, I’ll grab a line from (the late rock star) Tom Petty — ‘You can stand me up at the gates of Hell, and I won’t back down.’”
Glasgow’s 25-page lawsuit alleges Democrats violated several sections of the state constitution, including its separation of powers clause, according to his office. The suit also alleges that the SAFE-T Act violates other laws, including one pertaining to the “right to have the safety of the victim and the victim’s family considered in denying or fixing the amount of bail.”
Pritzker spokeswoman Jordan Abudayyeh on Friday called the lawsuit a “weak attempt” to protect an outdated system that lets murder suspects and others accused of violence pay their way out of jail.
While 98 other State’s Attorneys are negotiating a fix to the law (both Cook County State’s Attorney Kim Foxx and Lake County State’s Attorney Eric Rinehart are supportive of the existing law), I’m told Glasgow and Rowe didn’t bother to tell other prosecutors they planned to file their lawsuits. That will help with negotiations, I’m sure.
HOW HELPING BAILEY HURTS BAILEY
Opinion
The last thing Darren Bailey’s lagging campaign needs is more conversation about social issues.
Bailey has been portrayed as out of touch on abortion and has the Pritzker campaign constantly reinforcing a message that the southern Illinois farmer has “racist, sexist, homophobic and hateful views.”
The last thing the Bailey camp needs now is another avenue opened up on social issues.
Enter radio host Dan Proft’s PAC.
The PAC, funded by billionaire Richard Uihlein, and, essentially running Bailey’s paid ads, released a new ad focused on abortion. It’s another in a long line of steps where Proft and his PAC can’t stay on a message that helps their candidate.
After the group released a jarring ad on crime, it had the opportunity to continue to push the direction toward crime and public safety, issues that traditionally do better for Republicans, including potentially this year.
But Proft’s crew can’t help themselves. It drives a narrative that Bailey loses on every time.
The next thing you know, we'll get another Ives-esque trans hater spot.
This entire campaign has been a failure in staying on message.
Meanwhile, Bailey was in Belleville yesterday and Pritzker was endorsed by LiUNA.
IEA BUCKS GIANNOULIAS, ENDORSES BRADY
In a bit of a surprise, the Illinois Education Association announced an endorsement yesterday of Rep. Dan Brady (R-Bloomington) for Secretary of State over Democrat Alexi Giannoulias.
Brady was the only Republican statewide candidate endorsed by the largest union in Illinois.
The IEA endorsed Giannoulias’ opponent in the Democratic primary and split with the former State Treasurer again in the General Election. Though, Brady is regarded as one of the most union-friendly Republicans in the legislature.
When IEA endorsed Brady during the spring primary, it said Brady would “modernize services at the department of motor vehicles, making it easier to register to vote.”
The group also praised Brady for pledging to upgrade libraries, especially in rural areas.
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