Hinsdale Officials Hear Case Against Crime Law

HINSDALE, IL – DuPage County's top prosecutor said this week he and his colleagues support eliminating cash bail in concept.

But he said they oppose the way the state is going about it.

At Tuesday's Hinsdale Village Board meeting, DuPage County State's Attorney Robert Berlin spoke about the new law, which takes effect Jan. 1.

Berlin said the law creates hurdles that are too high for prosecutors to convince judges to keep people in jail while awaiting trial.

In many cases, prosecutors must prove that a defendant is a threat to a specific person or a "willful" flight risk. The law does not allow prosecutors to present previous examples in which suspects failed to show up for court, Berlin said.

Prosecutors would need to present definitive evidence, such as a defendant buying a plane ticket or threatening to leave the country upon release, he said.

Berlin said Illinois should follow the way of New Jersey, which eliminated cash bail five years ago. In that state, though, judges have a lot more flexibility to detain defendants before trial, he said.

He credited the new law with strong provisions for domestic battery, in which judges can even detain suspects for misdemeanors.

The new law, though, would likely increase crime because dangerous people would be released.

About the public debate over the law, Berlin said misinformation is coming from supporters and opponents alike.

"I don't want to be political here," said Berlin, a Republican. "I've just given you what the facts are. I will tell you that 100 state's attorneys are trying to fix this. We have Democrats and Republicans working together here. We are on the same page. It's all about public safety."

He said most agree that not everyone should be detained for trial.

"We don't want to detain people in custody for trial just because they can't afford bail," Berlin said.

At the same time, he said, the state should balance defendants' rights against the right of the public to be safe.