Local lawmakers not supportive of Illinois's no-cash-bail policy

GOP state Rep. Barry Hovis of Whitewater, a former longtime local law enforcement officer, does not support Illinois's move to eliminate cash bail for criminal defendants — a policy set to take effect in the Land of Lincoln on Sunday, Jan. 1.

Barry Hovis

"I think judges exercise good judgment when bail conditions are set. While there are different opinions on the topic, there are times when cash bail is appropriate," said Hovis, first elected in 2018 in District 146 of the state General Assembly and a retired lieutenant in the Cape Girardeau Police Department with more than 30 years' service in uniform.

Referred to by ABC News as "a bid to advance racial justice" while simultaneously raising "concerns about public safety," Illinois's new policy is an outgrowth of the state's SAFE-T Act, which brought changes to pretrial detainment protocols.

According to ABC, "the legislation makes presumption of release the default, ending any financial considerations in the decision of who should remain behind bars."

"The use of money as a determining factor to whether somebody is going to be in or out of jail before trial is really just an abhorrent practice," said Sharone Mitchell, a public defender in Cook County, which covers the city of Chicago.

Other reaction

Jamie Burger

"I'm not for eliminating cash bail at all. I think we have to have some type of deterrent, and cash bail is one. I'm not for bail reform at all," said state Rep. Jamie Burger of Benton. The District 148 Republican representative was elected earlier this month by his peers as House assistant majority floor leader. In this role, Burger said he will help to shape the legislative calendar to determine what bills make it to the floor for debate.

Rick Francis

GOP state Rep. Rick Francis of Perryville, representing District 145, agreed.

Holly Thompson Rehder

"I know of no reason to stop using cash for bail. You use bail for two reasons: one, to get people to show up for court; and two, to keep folks in jail who might be a danger to society," said Francis, first elected to the House in 2016.

John Voss

District 27 GOP Sen. Holly Thompson Rehder of Scott City and House District 147 Republican Rep.-elect John Voss of Cape Girardeau deferred definitive comment on Illinois's move and any potential future impact the no-cash bail idea might have in Show Me State prosecutions.

"I would need to study both sides and hear from those closest to (the situation)," said Rehder in a Monday text to the Southeast Missourian.

"I would have to research this (but) it has not come up as a priority in my conversations with anyone," added Voss, a first-time state lawmaker who won election in November.

Of note

The only bail reform legislation pre-filed so far for Missouri's upcoming 2023 General Assembly session is a bill advanced by GOP state Sen. Rick Brattin of District 31.

Brattin of Harrisonville, in contrast to Illinois's action, advocates a tougher policy on bail in Missouri in Senate Bill 288, stating, "public safety shall be the paramount consideration" in setting bail and conditions of release.

Moreover, Brattin's bill has the following language regarding monetary bail conditions.

"Partially secured bonds, bonds in the sum of 10% to the court, or unsecured bonds, shall not be permitted in Missouri. A judge shall set bail in a single monetary amount, which shall be fully secured by the defendant in a method of the defendant's choosing."

The Missouri General Assembly will convene for its 2023 regular session in Jefferson City on Wednesday, Jan. 4.