Dear Representative [Republican Representative to the General Assembly of Illinois],
I am writing to you as a constituent and Social Work student regarding a provision of the SAFE-T Act, the Pretrial Fairness Act. I am urging you to vote in favor of the Pretrial Fairness Act. This legislation would eliminate the role of the money bond in Illinois, protecting the families of those who are waiting for trial, ensuring that wealth will not play a role in release and detention decisions. (Grace, 2021)
On an average day in the United States, there are almost a half a million people who are in jail, waiting for their criminal cases to move forward. A study from this year showed that people in pretrial detention make up more than three quarters of the jail population. Of the Not Convicted population in jail, almost sixty-eight percent are being held on non-violent charges. (Sawyer, 2023) It is not because they are a risk to the public but because they cannot pay bail. For those who cannot afford their bail, this pretrial jail time can lead to the loss of jobs, connections and stability for themselves and their families, not to mention the danger one can be in while in jail. They often must wait for months and years for their cases to be resolved. (Bail, 2021) Bonds can be set around ten thousand. When they are paid in full, the people who pay the bonds can retrieve their money at the conclusion of a case. Most people cannot afford this amount so they have to rely on a bail-bonds company. To work with them, it required that 10 percent of the bail would be paid to the company. One thousand dollars is a lot of money to many. This situation could lead to poor decisions being made such as choosing between getting your friend or family member out of jail or pay rent. On top of the potential scramble for money, unlike paying the full bond to the court, they will not receive that ten percent back from the bond company.(White, 2021)
In the New York Times a few years ago, there was a story done about a 53-year-old man named Tyrone Tomlin. He had just been at a convenience store when a police officer stopped him. Tyrone let the officer search him. All that he found was a fountain soda with a straw. He was handcuffed and placed under arrest for the possession of drug paraphernalia. The officer said that the straws are commonly used to hold heroin. When he was brought in front of a judge, he pleaded guilty so bond was set at one thousand five hundred. Tomlin could not afford the bond, so he was sent to Jail to be held until his arraignment the following week. When describing the jail, he said “This place is miserable, it’s dangerous. It’s every man for himself. You could get abused, you could get raped, you could get extorted. That stuff is all around”. His Aunt was worried about him and his employer had no idea where we was. When he came back to court, he refused to plead guilty and take the plea deal again, which led to another two week stretch in jail. While he was in the shower, he was jumped by a group of men. He was beaten and stomped and ended up with a misshapen face. Finally, three weeks after he was arrested, the straw was tested and was negative for drug residue. The judge said he was not guilty and was free to go. (Pinto, 2021)
The Pretrial Act would prevent situations like Tomlin’s from happening here in Illinois. Under this legislation, Tomlin would get a ticket with a court date. He would be able to work while he waits for his trial date, saving taxpayers’ money. It would give people like him a chance to keep their family, work and potentially community from falling apart. It would also prevent them from experiencing potential abuse and violence at the hands of inmates.
I urge you to vote in favor or the Pretrial Act. If you do so, it will show that you are in favor of protecting the family unit. It will also show that you are for keeping the responsibility of making court dates in the hands of citizens and not the government.
Sincerely,
______________
References
Grace, S. (2021, October 7). Pretrial Fairness Act - Coalition to End Money Bond. Coalition to End Money Bond. https://endmoneybond.org/pretrialfairness/
Sawyer, W. Wagner, P. (n.d.). Mass Incarceration: The Whole Pie 2023. Prison Policy Initiative. https://www.prisonpolicy.org/reports/pie2023.html
Pinto, N. (2015, August 13). The Bail Trap. The New York Times. https://www.nytimes.com/2015/08/16/magazine/the-bail-trap.html
The Bail Project. (2021, March 4). After Cash Bail - The Bail Project. https://bailproject.org/after-cash-bail/#easy-footnote-bottom-5-39386
White, G. B. (2017, May 12). Who Really Makes Money Off of Bail Bonds? The Atlantic. https://www.theatlantic.com/business/archive/2017/05/bail-bonds/526542/
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