Cook County State’s Attorney Has Not Agreed to Release in Approximately 80% of Cases during COVID-19 Pandemic
UPDATE: On July 1, 2020, at the request of the States Attorney’s Office, this post was updated to include the results of their analysis of a selection of court call transcripts from March 19-April 8. Please see addendum at the end of this post for more information.
Since the first case of COVID-19 was diagnosed in the Cook County Jail in March, we – with fellow advocates – have worked tirelessly to help mitigate the risks facing people incarcerated in the jail. The most important method toward that goal is significantly lowering the number of people detained in the jail. Unfortunately, sluggishness and inaction from our courts and State’s Attorney’s Office have resulted in thousands of people remaining incarcerated. Between March 23 and March 30, the State’s Attorney agreed to release only 469 people–less than 8% of the pre-COVID jail population. Two months into the pandemic, living in one of the most dangerous places in the world, most of the people detained have not had a bond hearing since the beginning of the pandemic.
Cook County Jail remains the single largest concentration of COVID-19 cases in the US. Seven people have died while awaiting trials; hundreds have tested positive for COVID-19, with dozens hospitalized and facing life-long health consequences from their infections.
Although Cook County State’s Attorney Kim Foxx and Chief Judge Timothy Evans publicly commit to reviewing cases of people in the jail and releasing those who did not pose a threat to any person, Chicago Appleseed’s analysis shows that, still, over 1,800 people whose cases have not been reviewed since the beginning of the pandemic are currently in the Cook County Jail. Even more disturbingly, in the cases that have been reviewed, State’s Attorneys have overwhelmingly opposed release.
Data gathered by hand from Public Defender’s Division Chiefs shows that of the 2,366 motions for bond reduction argued between March 23 and April 22, the State’s Attorney argued against release in approximately 80% of cases. From April 22 through May 6, the State’s objection* rate was between 70% and 80%, according to data provided to the State’s Attorney’s Office from a court-watching project at Loyola University Chicago.
*Chicago Appleseed counted a motion as “objected to” if the Assistant State’s Attorney (ASA) either explicitly stated that the office objected to release OR made substantial arguments in aggravation (such as criminal background and highlighting negative facts of the case) without stating a position. If only the cases where objection is clearly stated on the record are counted, the SAO opposed 70% of motions. If the arguments in aggravation are also included, the SA’s office opposed 82% of cases.
According to the Vera Institute of Justice, if Chicago’s pretrial incarceration rate was similar to the world average, our jail population would have started, before the pandemic, at 1,803. There are still people in the jail on retail theft, cannabis possession with the intent to deliver, driving on a suspended license, narcotics possession, and dozens of other minor accusations. Hundreds of people are still held on money bonds they are unable to afford, and the vast majority of people have not been convicted of the crime for which they are jailed. Thousands of detainees still live in dormitory settings, with two people to a cell, where COVID-19 can easily spread between detainees. This is dangerous not only for people who have been accused of crimes, but also for all of the employees in the jail, their families, and the surrounding community.
Data from court-watching shows that Cook County State’s Attorneys object to release based on both the crime a person is charged with, as well as because of decades-old convictions, in quick, less-than-60-second hearings that do not comport with Illinois law. These objections matter—while judges granted over 90% of motions when the State’s Attorneys agreed to release, they granted only 53% over the State’s objection. In the past, State’s Attorney Foxx has been an outspoken critic of the overuse of pretrial incarceration, but her office’s decisions during this pandemic do not reflect the same serious commitment to reduce over-incarceration and promote justice in Chicago.
Pretrial jail is always dangerous. Although Cook County Jail has dropped its population by over 1,000 people since the pandemic began, it is still too crowded to effectively protect detainees from contracting COVID-19.
Cook County deserves a State’s Attorney’s Office that lives up to its stated values. Each and every person in the jail—whether or not they have already had their bond “reviewed”—needs to be granted another opportunity for their case to be considered by a judge, with both their defense attorney and the State’s Attorney assigned to their case present to give complete, accurate information. Until the States Attorney’s office and the Court can say that every single person in the jail has received a full, fair hearing on their bond status, the Cook County Court System has not fulfilled its obligation to do justice and save lives in the midst of this pandemic.
ADDENDUM: The supplemental analysis provided by the State’s Attorney’s Office reviewed court transcripts from a selection of 11 Emergency Bond Hearing court calls held from March 19 to April 8. These court calls covered 305 cases of 232 individual defendants. The Public Defenders’ data discussed herein covers hearings for 2,366 individuals whose cases were heard between March 23-April 24.
Two of the court calls analyzed by the SAO, March 19 and March 20, were included in neither the Public Defenders’ office’s analysis nor Chicago Appleseed’s. Those two court calls included an additional 26 agreed motions and no opposed motions. The other 9 court calls (on March 23-27 and April 8) took place on dates that were included in the Public Defenders’ data and Chicago Appleseed’s original analysis.
The SAO’s analysis of these transcripts concludes that States’ Attorneys did not agree to release in 58% of cases between March 19-April 8, and objections were specifically stated on the record in 28% of cases.