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Chicago, IL — Cook County public safety leaders gathered at a public forum at Roosevelt University on Wednesday, June 27 to discuss ways the County has and will continue to divert nonviolent offenders out of jail and the criminal justice system altogether.

Sponsored by Chicago Appleseed Fund for Justice, the forum coincided with Chicago Appleseed’s release of a new report, “Strategies to Enhance and Coordinate Cook County Diversion Programs.” The report offers the following seven strategies for Cook County to employ a smarter, more effective, and cost-efficient system of administering justice:

1.  Form a Coalition for Diversion, aimed at coordinating, enhancing,
   and ultimately expanding the use of diversion.
2.  Establish a Diversion Section within the Criminal Division of the Circuit Court for oversight of court-based alternatives to incarceration.
3.  Reinstate felony review of drug cases following arrest in order to identify cases for dismissal or diversion early in the case processing.
4.  Enhance pretrial services to conduct more background investigations, verify critical information, and identify candidates for the Diversion Section.
5. Transfer authority for Bond Court
   from the Municipal Division to the Criminal Division.
6. Increase use of safe, effective, and low-cost non-monetary conditions
   of pretrial release in Bond Court.
7. Develop a centralized and independent data collection system to lay the groundwork for using evidence-based best practice approaches.

These strategies proposed have been implemented and proven effective in jurisdictions similar to Cook County. Co-sponsors Illinois Consortium on Drug Policy, TASC, and the Chicago Council of Lawyers joined Chicago Appleseed.

Chicago Appleseed Executive Director Malcolm Rich announced that the Chief Judge of the Circuit Court of Cook County, Timothy Evans, plans to partner with Appleseed to create a diversion coalition that will oversee implementation of diversion programs.

The panel discussion was moderated by the Chicago Reader’s Mick Dumke, and panelists included Presiding Judge of the Criminal Division, Honorable Paul P. Biebel, First Assistant State’s Attorney Shauna Boliker, Director of Policy for TASC, Laura Brookes, Loyola University Criminologist David Olson, PhD, and First Assistant Public Defender, Pat Reardon.

Joining the panelists and taking questions towards the end of the discussion was Cook County Board President Toni Preckwinkle.

Participants agreed that Cook County’s current programs offering alternatives to incarceration are an excellent start. First Assistant State’s Attorney Shauna Boliker noted that existing diversion programs save the County approximately $12 million each year. However, they are presently too small to reduce the jail population significantly and to serve individuals who need treatment for substance abuse and mental health issues rather than incarceration. The panelists also agreed that improving Cook County’s complex criminal justice system will require co-operation and collaboration among key players.

Panelists also agreed that pretrial release practices need to be reformed so that fewer defendants are detained while they await trial. Unfortunately, they conceded, political pressure to be tough on crime makes such reforms difficult.  Still, representatives from the State’s Attorney’s Office and TASC supported Professor David Olson’s assertion that defendants should be assessed soon after their arrest so that they do not stay in jail any longer than necessary. Early assessment would reduce strain on the jail and defendants while protecting the community and insuring that defendants appear in court for their trials.

One veterans of Cook County’s system recounted how, as a result of cultural and statutory changes, defendants are now detained more frequently and for longer periods. First Assistant Public Defender Patrick Reardon said, “When I was a young PD, I had murder clients released on I-Bonds,”  he said, referring to the bond permitting release on recognizance. I-Bonds were ordered for only 8% of defendants in 2011, according to a 2012 Sheriff’s research bulletin produced by panelist David Olson, PhD.  “There’s been a culture change toward not letting people out pretrial, and I can’t explain that,” Mr. Reardon added.

President Preckwinkle arrived at the end of the panel discussion to give remarks and take audience questions. Preckwinkle emphasized the strain on the jail and on poor and minority communities that results from excessive bond amounts and overincarceration. These problems, she said, can only be addressed through collaborative efforts.

Preckwinkle also noted that her office will release a report on the Bond Court next week.

Loyola University Chicago Professor David Olson put the issue of diversion into perspective. Drug arrests are actually down about 50% over the past ten years, he explained. And, despite a recent spike in violent crime, we are living in a relatively peaceful era. Still, the Cook County jail, which detains nearly all unconvicted defendants awaiting trial, is near its 10,000-person capacity.