News From State Representative Dan Ugaste – September 23, 2024

CRIME

Are we any safer one year after cash bail was abolished?  One year after Illinois became the first state in the nation to abolish cash bail, the consequences are clear—public safety is being compromised, and the system is failing the very people it was supposed to protect. The implementation of the Pretrial Fairness Act, which went into effect on September 18, 2023, has sparked significant concern among citizens and law enforcement. The act has left communities vulnerable and undermined the authority of the courts to hold dangerous criminals accountable for their crimes.

The SAFE-T Act, passed in January 2021 and later signed by Governor J.B. Pritzker, was touted as a step toward fairness. The SAFE-T Act’s original version was 700 plus pages of what advocates called reform, but in reality, it placed unfunded mandates on law enforcement and placed criminals above crime victims. One portion of the SAFE-T Act, the Pretrial Fairness Act, abolished cash bail in Illinois. Proponents argued that eliminating cash bail would prevent poor defendants from languishing in jail simply because they couldn’t afford to pay for their release. But this idealistic vision has come at a steep price for law-abiding Illinoisans. By removing cash bail as a tool for judges, the law ties the hands of law enforcement and courts, making it harder to detain potentially dangerous individuals awaiting trial.

Under the new system, judges can only detain defendants for certain felony offenses if they are deemed to pose a direct threat to the community or are likely to flee. But what about those charged with serious but non-violent crimes? Defendants charged with other non-violent felonies are often now released back into the community. This dangerous gap has led to repeat offenders walking the streets while awaiting trial, putting the public at greater risk.

Critics of the Act have consistently warned that this reform prioritizes criminals over victims. By eliminating cash bail, the law ignores the rights of crime victims and disregards the concerns of communities already plagued by high crime rates.

The reality is that crime in Illinois is on the rise. House Republicans have time and time again pointed out that violent crimes like shootings, carjackings, and burglaries continue to increase, yet the Act seems more focused on protecting the rights of offenders than the safety of the community.

Another glaring oversight of the Pretrial Fairness Act is its impact on local court systems. In smaller counties, which lack the resources and infrastructure to handle the increased demands of the new pretrial detention system, the law has created chaos. Judges now face the burden of conducting more complex pretrial hearings placing an unfunded burden on the court system and the community. The act has not only tied the hands of law enforcement but also overburdened local judicial systems that are already operating on thin margins.

The House Republican Truth in Public Safety Working Group met throughout 2023 and 2024 to craft and introduce legislative reforms in response to the abolishment of cash bail provisions in the SAFE-T Act. The following bills were filed in an effort to improve public safety, none were permitted a public hearing by the Democrat-controlled House of Representatives.

 HB 5120 (Windhorst – Ugaste – Grant – Cabello) – Expansion of detainable offenses.
Under HB 5120, courts would be able to deny a defendant pretrial release in the following situations:

  1. If the defendant is charged with a felony offense and the defendant’s pretrial release poses a threat to the safety of any individual.
  2. The defendant is charged with a felony offense and has a high likelihood of willful flight to avoid prosecution; or
  3. The defendant has been convicted of two or more of the same felonies or misdemeanors and either 1 or 2 above are true.

HB 5121 (Friess – Grant – Ugaste) – Revocation of Pretrial Release.
A defendant on pretrial release for any offense shall have their pretrial release revoked if the defendant is charged with a new offense that occurred during their pretrial release, regardless of the classification of offense.

HB 5126 (Windhorst – Grant – Ugaste) – Warrant for failures to appear instead of summons.
Reverts back to pre-SAFE-T Act processes where the court would issue a warrant for a defendant’s failure to appear in court.

HB 4052 (Ugaste – Grant – Windhorst)
Reinstates cash bail and makes other changes that were recommended by the Illinois Supreme Court Commission report. Creates a hybrid system that has a presumption of release but allows for cash bail or detention.

Are We Any Safer?

So, a year after the implementation of the abolishment of cash bail, are we any safer? The headlines tell the story… Illinois SAFE-T Act diminishes public safety:

As you can see from the headlines above, the SAFE-T Act’s abolition of cash bail has proven to be a reckless gamble with public safety. By prioritizing the rights of criminals over the safety of victims, Illinois has set a dangerous precedent that other states should not follow. Cash bail, while not perfect, served as an important tool for ensuring that those awaiting trial were held accountable. Without it, Illinois risks turning its communities into havens for repeat offenders.

If Illinois is to restore trust in its justice system, it must revisit and amend the SAFE-T Act. Reform should be about balancing fairness with safety, not swinging the pendulum so far that the scales tip in favor of criminals. Illinois deserves better—and so do its citizens.


CORRUPTION

McCombie Column: Madigan Set to Stand Trial, Ethics Reform Overdue.  Illinois families deserve a state government that is honest and transparent. For decades, Illinois politics has been synonymous with corruption, with major scandals landing leading figures in both political parties in prison. Now, the most powerful and influential politician who ruled over state government for nearly 40 years has his date with justice in federal court. Longtime former House Speaker Michael Madigan is set to stand trial just weeks from now, facing a 23-count indictment on racketeering and bribery charges.

Ironically, the former speaker’s defense lawyers have asked the trial judge to ban the word “corruption” from being used during the trial, contending that it would prejudice jurors against him. They also want the word “patronage” banned. The term applies to government jobs given to associates in exchange for their campaign work and/or cash contributions. Speaker Madigan was well-known for having an extensive patronage operation.

Regardless of the ultimate verdict in the upcoming Madigan trial, we need to take action to eradicate corruption in state government and begin to restore public trust. As the Illinois House Minority Leader, I am spearheading efforts to advance the commonsense ethics reforms we need in Springfield. Ethics legislation my caucus members and I have filed include:

  • House Bill 4119 – Stops political campaign donations being used to pay for criminal defense. 
  • House Bill 1277 – Suspends pension payments if the member or participant is charged with a felony. 
  • House Bill 4286 – A revolving door ban on lobbying. 
  • House Bill 4289 – A definition and clarification bill on lobbying.

The Illinois majority has not passed ANY ethics legislation this year as promised, and I would argue any significant ethics reform since I first came to Springfield in 2017. We have watched investigations, arrests, trials, and convictions come and go for decades, and the Illinois House of Representatives over which Speaker Madigan ruled for decades has an opportunity to lead the way to reform the system in a way that ensures public officials are held to the highest standards.

The Illinois House of Representatives is scheduled to return to veto session November 12-14 and November 19-21, in all likelihood shortly after the Madigan trial ends. There are no more excuses, this is the time to pass meaningful ethics reform.


AGRICULTURE

Report shows Illinois harvest continues.  Warm, dry weather conditions across much of Illinois are bringing harvesting equipment into the fields. While the average corn maturity condition in mid-September is 40%, the U.S. Department of Agriculture (USDA) reported that as of mid-September of 2024, the corn maturity percentage was 63%. Furthermore, 77% of the corn was rated at “good” or “excellent.”

Illinois soybean conditions were very similar, with 72% of the crop rated at “good” or “excellent,” and 62% of the beans having begun to drop their leaves. The is double the usual frequency of leaf drop in an Illinois mid-September. The 2024 harvest year is seeing some of the earliest bean-cutting activities in our state’s crop history.


JOBS

Illinois’ unemployment rate up again in August.  The Illinois Department of Employment Security (IDES) announced Thursday that nonfarm payrolls were up +800 while the unemployment rate increased +0.1 percentage point to 5.3 percent in August, based on preliminary data provided by the U.S. Bureau of Labor Statistics (BLS), and released by IDES. The July monthly change in payrolls was revised from the preliminary report, from +12,900 to +10,300 jobs, while the revised unemployment rate was 5.2 percent, unchanged from the preliminary July unemployment rate. The August payroll jobs estimate and unemployment rate reflect activity for the week including the 12th.

In August, the industry sectors with the largest over-the-month job gains included: Trade, Transportation, and Utilities (+2,300), Construction (+2,200), and Financial Activities (+1,600). The industry sectors with the largest monthly payroll job declines included: Leisure and Hospitality (-2,900), Professional and Business Services (-1,600), and Other Services (-1,500).

The state’s unemployment rate was +1.1 percentage points higher than the national unemployment rate reported for August. The national unemployment rate was 4.2 percent in August, down -0.1 percentage point from the previous month. The Illinois unemployment rate was up +0.7 percentage point from a year ago when it was 4.6 percent.

Compared to a year ago, total nonfarm payroll jobs increased by +36,300 jobs. The industry groups with the largest jobs increases included: Government (+35,600), Private Education and Health Services (+26,100), and Other Services (+11,200). The industry groups with the largest jobs decreases included: Professional and Business Services (-27,800), Financial Activities (-5,400), and Information (-4,400). In August, total nonfarm payrolls were up +0.6 percent over-the-year in Illinois and up +1.5 percent in the nation.

The number of unemployed workers was 343,100, up +0.4 percent from the prior month, and up +15.7 percent over the same month one year ago. The labor force was almost unchanged (0.0 percent) over-the-month and up +1.2 percent over- the-year. The unemployment rate identifies those individuals who are out of work and seeking employment. An individual who exhausts or is ineligible for benefits is still reflected in the unemployment rate if they actively seek work.


STATE GOVERNMENT

Many DMV offices to change their operating hours.  Persons with concerns related to drivers’ licenses are asked to contact the DMV within the Secretary of State’s office. These DMV offices handle a wide variety of standard and commercial drivers’ license concerns, including initial drivers’ licensing, commercial drivers’ licensing, license renewals, and upgrading an existing license into a REAL-ID-compliant license. Traditionally, many of these DMV offices throughout Illinois have opened at 8:00 a.m., and have closed at 5:30 p.m.

Secretary of State Alexi Giannoulias announced this week that most of these DMV offices will change their times of operation. The change will move their opening and closing hours backward in time by half an hour, and the offices that make this change will open at 7:30 a.m. and will close at 5:00 pm. The change will start to be effective in the work week starting Monday, September 23. The change is said to be a response to Illinois customer demand. 

Most Illinois residents who are eligible for DMV visits related to drivers’ licenses are strongly encouraged to make reservations ahead of time for a time slot at their local DMV office. However, many standard services oriented towards motor vehicles, their unique identification, and their licensing and taxation – headed by license plate sticker renewal, vehicle titling, and vehicle registration – do not require a DMV appointment. 


ILLINOIS STATE FAIR

Illinois State Fair sets another attendance record.  The organizers of the Illinois State Fair, held in Springfield in mid-August, say that 773,000 persons entered the Fairgrounds from August 8 through August 18, 2024. This marked a record high in verifiable attendance numbers for the annual event. State Fair attendance had been 708,000 in 2023.

Fair managers credited a lineup of musical stars at the Illinois State Fair’s Grandstand, including Keith Urban, the Jonas Brothers, and the Smashing Pumpkins, for driving a significant proportion of the new visitors. The 2025 Illinois State Fair will be held on August 7 through August 17, 2025.    


BLOOD DRIVE

Please consider donating blood at my Blood Drive in Geneva Wednesday, October 2. The Blood Drive will be held at the Persinger Rec Center from 3-7 p.m. Appointments are preferred, but walk-ins will be accepted.

To make an appointment, visit this link: Versiti – Donor Portal