On Tuesday, September 1, the Whiteside County Jail processed four individuals who were brought to the jail for either failing to appear in court on pending criminal charges after previously being released or for allegedly violating conditions of their pretrial release.
Four individuals in one day.
On September 2, Whiteside County Deputies arrested another individual who had previously been released from custody in another county. That individual had allegedly removed a court-ordered GPS ankle monitor and was subsequently arrested in Whiteside County following additional alleged criminal conduct, including Vehicular Invasion and Attempting to Disarm a Police Officer.
These incidents raise legitimate public safety concerns that I believe need to be addressed by our state lawmakers.
Illinois has now had several years of experience with the current pretrial release system. It is time to use that experience to determine where changes to the law are necessary.
I believe the law needs to provide stronger and more immediate consequences when an individual willfully fails to appear in court, repeatedly violates conditions of release, removes or tampers with a court-ordered GPS monitoring device, or is accused of committing additional serious offenses while already on pretrial release.
Judges should have the appropriate authority and discretion to consider this conduct when determining whether an individual should remain in custody. A person’s demonstrated unwillingness to comply with previous court orders should matter when the court is making decisions involving public safety.
This is not about keeping every person who is arrested in jail. Individuals accused of crimes are presumed innocent unless and until proven guilty, and their constitutional rights must be protected.
But those rights must be balanced with accountability and the safety of our communities.
When someone is given an opportunity to remain in the community while awaiting court proceedings, there is also an expectation that the individual will appear in court and follow the conditions ordered by a judge. When those conditions are repeatedly or deliberately violated, our laws need to provide judges with effective options to respond.
There is another concern that cannot be overlooked. Repeated violations and additional criminal activity create more encounters between suspects and law enforcement. Those encounters can become dangerous very quickly, placing deputies, police officers, members of the public, and the individuals being arrested at risk.
My request to the Governor and members of the Illinois General Assembly is straightforward: listen to what law enforcement, prosecutors, judges, victims, and communities are experiencing and make reasonable changes to the law where they are needed.
This does not need to be a Republican issue or a Democratic issue. It should be a public safety issue.
We can protect the constitutional rights of individuals accused of crimes while also giving our courts the tools necessary to hold people accountable when they refuse to follow the conditions of their release.
The time to address these concerns is now.
John F. Booker, Sheriff, Whiteside County Sheriff’s Office
