Sober consequences: Unexpected fallout from the end of cash bail

MORRISON, Ill. (KWQC) - A rural county sheriff said he supports the theory behind Illinois’ law that ended cash bail: You shouldn’t get out of jail just because you have money, while someone without money stays locked up.

But he wants changes.

It’s been almost a year since cash bail ended in Illinois, and Whiteside County Sheriff John Booker said the flawed rollout has unintended consequences – and it’s costing lives.

Under the reformed system, most suspects are released unless they’re accused of the most serious crimes.

“Just send them back out in the street — that isn’t helping anybody,” he said. “We’re unfortunately in a sad situation. We’re getting a lot of overdoses. People are dying.”

Most crimes in Whiteside County are committed by people with substance abuse problems, he said.

They used to get treatment in the jail. Now, many are back on the streets using the next day.

“Possession of methamphetamines, say, for instance, that isn’t a detainable offense. So what are we doing for these people that have a serious addiction to methamphetamines?”

According to the National Institute on Drug Abuse, 65% of jail inmates have a substance abuse disorder. Another 20% were under the influence when they committed their crime.

“Before they were coming in jail, and temporarily, at least they were staying clean. All we’re doing is setting them right back out in the street to continue their addiction and commit other crimes.”

It’s not just about substance abuse. A Justice Department report found that 37% of people incarcerated have a mental illness.

And because they have had to release people, Whiteside County is cutting its substance abuse treatment programs that help inmates recover.

“For several years,” Booker said, “We’ve provided substance abuse treatment in my jail for people because they were sitting here waiting to go to trial. I, unfortunately, have had to stop that because the number of people waiting to go to trial is very low. And our numbers for the program were way down.”

The Whiteside County Jail has 129 beds. Only 41 are full. That’s down about a third since the law took effect.

“And it isn’t, it isn’t beneficial as a business – and that’s what I’m running here – to spend money for that, unfortunately.”

It’s also meant a different thought process for those making arrests.

“We do our job to the best of our ability,” Booker said. “We investigate the crimes, and we make arrests that we feel are appropriate. And after that, then it’s the court system. And getting that through to some of the younger deputies is a little difficult.”

But according to Booker, bail reform was rushed without enough input from law enforcement.

Meanwhile, it’s too early to say what effect the law has had on crime rates. Sheriffs and prosecutors are gathering numbers and will have a better sense soon.

But they are discovering the system isn’t always working as it should.

And Booker wants changes.

“I strongly believe that most of our crimes are committed because of substance abuse,” he said. “So why are we not making these people, when they come in on a charge that we’re not going to detain them? Why don’t we point them in the direction to get substance abuse treatment?”