(The Center Square) – Another change to Illinois’ criminal justice system coming Jan. 1 replaces arrest warrants for failure to appear for a court date with an order to show cause as to why the defendant didn't show up. Opponents of the sweeping legislation are as concerned about that provision as they are cashless bail.
The Pretrial Fairness Act, part of the SAFE-T Act that was passed in January 2021, ends cash bail statewide starting Jan. 1. Supporters of the measure say defendants are innocent until proven guilty and should not languish in jail pending trial because they can’t afford bail. Concerns from opponents surround what crimes are detainable and which are not.
There are also concerns of the law replacing warrants for failure to appear in court with orders to show cause.
The law states “a failure to appear shall not be recorded until the Defendant fails to appear at the hearing to show cause,” or a second hearing.
State Sen. Steve McClure, R-Springfield, said that’s unlimited in perpetuity and untenable.
“In some cases these are dangerous people,” McClure told The Center Square. “This act emboldens them, allows them to miss court and then the court has to just be real nice and say, ‘oh, sorry you missed court, can you please let us know why you missed court for this important case that could cause you to go to prison for a long period of time.'”
Brianna Payton with the Illinois Network for Pretrial Justice supports that change.
“Sometimes people don’t have child care, they can’t get off work, they’re afraid of losing jobs,” Payton said after a rally outside the Sangamon County courthouse in Springfield. “Sometimes people didn’t know that they had court.”
Emmanuel Andre with the Cook County Public Defender Office said the change is crucial.
“The idea of simply not showing up and … assuming someone had an intent not to show up versus now having to show cause and having to explain what happened and not automatically having a warrant,” Andre said.
McClure said the change will further strain law enforcement and predicts the instances of failure to appear will skyrocket.
“I don’t know that there is law enforcement available anymore to deal with failures to appear and everything else,” McClure said. “And so there’s a real problem right now and this act makes everything worse.”
Gov. J.B. Pritzker said he’s confident lawmakers will bring about changes to address concerns before the end of session. It’s unclear what those changes are, and whether it will quell challenges in a court case to be heard next week.