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PROPOSED RESOLUTION
URGING THE GENERAL ASSEMBLY TO PASS LEGISLATION TO REFORM PERCENTAGE BASED BAIL BOND FEES
WHEREAS, in 2011, 79% of Cook County defendants were either ordered to pay financial bond to secure release pending trial or held without bond, 13% were ordered released subject to electronic monitoring and only 8% were released pursuant to an I-bond; which allows defendants to be released upon a signature, but still subjects them to payment of the full bond amount if they fail to make a required court appearance; and
WHEREAS, by contrast, New York City releases approximately 70% of their felony pre-trial defendants on personal recognizance, and Washington, D.C. releases over 80% of their felony pre-trial defendants on personal recognizance, yet both cities have high court appearance rates and low re-arrest rates; and
WHEREAS, our over-reliance on a money-based bail system disproportionately impacts low-income people and minorities, perpetuating the cycle of poverty and incarceration, evidenced by the fact that about 86% of the Cook County jail population are African-American or Hispanic; and
WHEREAS, when properly administered, bail is designed to be a function of risk to society or flight risk,not simply a means test of ability to pay; and
WHEREAS, the overreliance on monetary bail and the inability of many detainees to afford it are among the primary drivers of the level and growth in our jail population; and
WHEREAS, monetary bail additionally means that those too poor to pay remain in jail regardless of their risk level or presumed innocence; and
WHEREAS, a decades-old state law (725 ILCS 5/110-7) directs court clerks to retain 10% of posted bail as 'bail bond costs' regardless of the size of the bond even though the costs of processing a bond by the Clerk of the Court are the same regardless of the bond amount; and
WHEREAS, people with limited financial resources may not have the capacity to forfeit a 10% deposit on...
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