Pretrial justice reform was sorely needed in Illinois to address the harm the money bond system has caused Black, Brown, and poor communities. As former public defenders and current clinical law professors, we know firsthand how the money bond system created an unfair, constitutionally-suspect, wealth-based approach to pretrial jailing outcomes.

Legislators took a major step in the right direction by passing The Pretrial Fairness Act in 2021. The legislation, set to go into effect in January, is aimed at reducing incarceration by ending the money bond system in Illinois. The purpose is simple: to ensure that people are not held in jail simply because they cannot afford to buy their freedom. But now, state legislators are considering amendments to the Pretrial Fairness Act that would undercut the purpose of the legislation and exacerbate the very issues the Act is meant to address. 

The Pretrial Fairness Act allows people charged with serious crimes to be detained if they pose a flight risk or risk to public safety while limiting the scenarios in which people charged with low-level crimes can be jailed. The Illinois State’s Attorney’s Association has seized upon confusion created by a multi-million dollar misinformation campaign paid for by fringe political advocates to propose changes to the law. Provisions in the proposed amendments would remove the guardrails set up to achieve the law’s goal of reducing pretrial jailing while protecting public safety. The result of adopting these changes would be devastating; they would increase pretrial jailing, worsen racial disparities, and make our communities less safe. 

Under the Pretrial Fairness Act, prosecutors are required to show that release would pose “a specific, real, and present threat” to a person or persons. But the proposed amendments allow prosecutors and judges discretion to incarcerate people for indefinite periods of time, based on vague, broad standards that a person poses a general threat to the community.

An essential check on prosecutorial power is limiting which charges are eligible for pretrial detention. Under the current law, as it has existed for years, prosecutors do not have unlimited power to hold people without bail. Holding people without the possibility of monetary release is limited to only the most serious charges. 

But if the Illinois State’s Attorney’s Association has its way, people who are charged with low-level crimes and legally presumed innocent could be held in jail for months or even years. Prosecutors would be empowered to ask a judge to jail any person, irrespective of the crime for which they are charged. This is an authority that prosecutors have never had even under the state’s current cash bail system. 

Taken together, the expansion of the number of charges eligible for detention and the weakening of the legal standards needed to prove dangerousness would result in a dramatic increase in the number of people detained pretrial, undermining the primary purpose of the Act.

Research confirms that the kind of broad prosecutorial and judicial discretion contained in the proposed legislation would disproportionately impact Black and Brown people and exacerbate racial disparities in Illinois jails.  

Studies show that in large urban areas, Black people are over 25 percent more likely to be held pretrial than their white counterparts; young Black men are 50 percent more likely to be detained than whites. According to 2017 data, Black people constituted nearly half of Illinois’ jail population despite making up only 15 percent of the state population. Brown people are also significantly more likely to be detained pretrial than their white counterparts.

The incalculable human cost of pretrial incarceration would make our communities less safe. In addition to producing wrongful convictions, coercive and unfair plea deals, and longer sentences, pretrial detention disrupts interpersonal relationships and community ties and increases the likelihood of future arrests. 

Increased incarceration creates devastating collateral consequences for individuals, families, and communities. People experience an average of 34 days of pretrial incarceration in Illinois, with many jailed for far longer, leading to the loss of jobs and housing. If and when people are released, they have been stripped of the means they need to support themselves and their families. 

More than half the people held pretrial are parents of young children. Parental detention causes financial hardships for families and forces children into the foster care system. It traumatizes children due to the effects of family separation on par with divorce, domestic violence, and abuse. We have long known that incarceration does not make us safer; if it did, the United States would be the safest country in the world.  

The proposed changes are not “clarifications” or “tightening language.” Instead, they seek to gut the law’s core mechanisms—aimed at reducing the harm the money bond system has caused Black, Brown, and poor communities—and replace them with measures that would increase the power of prosecutors and judges to incarcerate people awaiting trial.

We stand behind the Pretrial Fairness Act, not just because the proposed amendments will lead to increased incarceration and devastation for our communities, but because pretrial justice works in Cook County and in jurisdictions across the country. It is clear to us that the Pretrial Fairness Act is the path to a fairer, safer justice system.

Craig Futterman and Herschella Conyers are clinical law professors at the University of Chicago Law School.

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The O’My’s sound like a band reincarnated from generations ago, as if they were dreamed up by a kid who knows too much about their grandparents’ past. How do they do it? Wisdom, skill, poise, restraint, and hazy fun pepper their music and demeanor. Their members may have been born after the “boomer” generation, but their soul and funk tunes explode with effortless swing and intention.

The Chicago outfit have been playing for more than a decade, moving between small clubs and big stages with a magical brand of experimental soul architected by their two core members, keyboardist Nick Hennessey and vocalist-guitarist Maceo Vidal-Haymes. Whether they’re crafting their own tunes or working with some of the city’s brightest stars (among them Chance the Rapper and Saba), the duo’s music always feels authentic and breezy, with melodies and arrangements straight outta the cloudy part of paradise. Getting on their page is a gift; their music as restorative as a warm bath after a particularly grueling physical day. 

On the recent O’My’s release No Swimming (Live), a live version of last year’s studio EP No Swimming, Hennessey and Vidal-Haymes are joined by saxophonist Kenneth Leftridge Jr., drummer Alfonzo Jones, and bassist William Corduroy. The music is as smooth and beautifully aligned as ever. When it’s loose it feels like an impromptu jam where everyone coincidentally knows which direction to take. When it’s tight it shines above its grooves, transporting us into that blissful musical space we all pine for—that floaty feeling where the vibes rule and nothing else matters.

The O’My’s Thu 12/1, 9 PM, Sleeping Village, 3734 W. Belmont, $15, 21+

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Pretrial justice reform was sorely needed in Illinois to address the harm the money bond system has caused Black, Brown, and poor communities. As former public defenders and current clinical law professors, we know firsthand how the money bond system created an unfair, constitutionally-suspect, wealth-based approach to pretrial jailing outcomes.

Legislators took a major step in the right direction by passing The Pretrial Fairness Act in 2021. The legislation, set to go into effect in January, is aimed at reducing incarceration by ending the money bond system in Illinois. The purpose is simple: to ensure that people are not held in jail simply because they cannot afford to buy their freedom. But now, state legislators are considering amendments to the Pretrial Fairness Act that would undercut the purpose of the legislation and exacerbate the very issues the Act is meant to address. 

The Pretrial Fairness Act allows people charged with serious crimes to be detained if they pose a flight risk or risk to public safety while limiting the scenarios in which people charged with low-level crimes can be jailed. The Illinois State’s Attorney’s Association has seized upon confusion created by a multi-million dollar misinformation campaign paid for by fringe political advocates to propose changes to the law. Provisions in the proposed amendments would remove the guardrails set up to achieve the law’s goal of reducing pretrial jailing while protecting public safety. The result of adopting these changes would be devastating; they would increase pretrial jailing, worsen racial disparities, and make our communities less safe. 

Under the Pretrial Fairness Act, prosecutors are required to show that release would pose “a specific, real, and present threat” to a person or persons. But the proposed amendments allow prosecutors and judges discretion to incarcerate people for indefinite periods of time, based on vague, broad standards that a person poses a general threat to the community.

An essential check on prosecutorial power is limiting which charges are eligible for pretrial detention. Under the current law, as it has existed for years, prosecutors do not have unlimited power to hold people without bail. Holding people without the possibility of monetary release is limited to only the most serious charges. 

But if the Illinois State’s Attorney’s Association has its way, people who are charged with low-level crimes and legally presumed innocent could be held in jail for months or even years. Prosecutors would be empowered to ask a judge to jail any person, irrespective of the crime for which they are charged. This is an authority that prosecutors have never had even under the state’s current cash bail system. 

Taken together, the expansion of the number of charges eligible for detention and the weakening of the legal standards needed to prove dangerousness would result in a dramatic increase in the number of people detained pretrial, undermining the primary purpose of the Act.

Research confirms that the kind of broad prosecutorial and judicial discretion contained in the proposed legislation would disproportionately impact Black and Brown people and exacerbate racial disparities in Illinois jails.  

Studies show that in large urban areas, Black people are over 25 percent more likely to be held pretrial than their white counterparts; young Black men are 50 percent more likely to be detained than whites. According to 2017 data, Black people constituted nearly half of Illinois’ jail population despite making up only 15 percent of the state population. Brown people are also significantly more likely to be detained pretrial than their white counterparts.

The incalculable human cost of pretrial incarceration would make our communities less safe. In addition to producing wrongful convictions, coercive and unfair plea deals, and longer sentences, pretrial detention disrupts interpersonal relationships and community ties and increases the likelihood of future arrests. 

Increased incarceration creates devastating collateral consequences for individuals, families, and communities. People experience an average of 34 days of pretrial incarceration in Illinois, with many jailed for far longer, leading to the loss of jobs and housing. If and when people are released, they have been stripped of the means they need to support themselves and their families. 

More than half the people held pretrial are parents of young children. Parental detention causes financial hardships for families and forces children into the foster care system. It traumatizes children due to the effects of family separation on par with divorce, domestic violence, and abuse. We have long known that incarceration does not make us safer; if it did, the United States would be the safest country in the world.  

The proposed changes are not “clarifications” or “tightening language.” Instead, they seek to gut the law’s core mechanisms—aimed at reducing the harm the money bond system has caused Black, Brown, and poor communities—and replace them with measures that would increase the power of prosecutors and judges to incarcerate people awaiting trial.

We stand behind the Pretrial Fairness Act, not just because the proposed amendments will lead to increased incarceration and devastation for our communities, but because pretrial justice works in Cook County and in jurisdictions across the country. It is clear to us that the Pretrial Fairness Act is the path to a fairer, safer justice system.

Craig Futterman and Herschella Conyers are clinical law professors at the University of Chicago Law School.

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The Chicago Bears offense was about as sloppy as the weather was at MetLife Stadium in East Rutherford, New Jersey. In a crushing 31-10 defeat to the New York Jets, the Bears only managed to sniff the end zone once without Justin Fields.

Fields was officially ruled out early this morning. This gave backup quarterback Trevor Siemian the start. Overall, Siemian played as expected, completing 14 of his 25 attempts for 179 yards. He also threw 1 touchdown and 1 interception.

With Fields out, the dominant Bears rushing attack that led the NFL coming into Week 12 with 197 rushing yards a game, was bound to flop. David Montgomery had other plans.

Montgomery carried the ball 14 times for 79 rushing yards, good for 5.6YPC. On top of the rushing production, Montgomery also caught 3 passes for 34 yards, putting his total yards at 113 for the day.

Montgomery looked like a gamechanger Sunday afternoon, and after today’s performance, it might be unwise to let him go after this season. He just brings a whole different element to this Bears offense.

First of all, Montgomery showcased that he can still be used as a workhorse back, totaling 17 touches. He also flashed his underrated receiving ability, catching 3/4 targets for 11YPC. Montgomery also serves as a great pass blocker, something that none of the other running backs on the Bears roster are. An overlooked skill that a lot of running backs don’t have.

Bringing Back David Montgomery looks to be a priority for the Chicago Bears, as they have the cap space, and he provides a change of pace in this talented backfield.

The Bears running back situation is very similar to what the Cowboys have going on in Dallas. Khalil Herbert is an emerging star, who has seen both his workload and production increase this season. He has looked explosive, and his big play ability makes him very valuable.

Tony Pollard is in a very similar situation in Dallas, as he is the explosive, big play runner in that Cowboys offense. David Montgomery is more similar to Dallas’s Ezekiel Elliott.

Both Elliott and Montgomery are powerful runners who work as great bruisers and short yardage backs. Each back compliments the other well, ultimately making the offense as a whole better.

Montgomery was rumored to be traded before the deadline. However, the Bears decided to hang onto him even though he is on the last year of his deal. This shows that they are committed to keeping this RB tandem intact. It just wouldn’t make sense to keep Montgomery, just to let him walk for nothing.

The Bears also have the most cap space in the NFL, and by a wide margin. Paying a running back has been frowned upon as of late, but when you have as much cap space as the Bears do, you might want to keep the best rushing offense in the league together.

There is no telling for sure what the Bears future plans are for Montgomery, but everything is seeming to add up to him staying in Chicago in 2023.

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The Chicago Bears had a terrible game against the New York Jets on Sunday. They were without Justin Fields and learned how important the is to the team because they were so awful without him. Everyone from the defense to special teams to the offense was bad.

There were also some bad injuries in the game. One of the worst ones came to Bears wide receiver Darnell Mooney. He is their number-one receiver right now but the worst fears are not at all good for them.

He suffered an ankle injury and it took him out of the game. Now it sounds like he is going to have some more tests on Monday but the fear is that he is going to miss the rest of the season because of it. That would be horrible news for him and the offense.

The Bears are already going to have a really high draft pick but losing a receiver like Mooney is going to make them even worse. Almost everyone else of note on the team is either hurt or was traded away.

The Chicago Bears might be without their number-one receiver for a while.

If this turns out to be the case, they might as well keep Fields out for the season. He is someone that has clearly developed a lot this season and there is no reason to let him go out there and hurt himself even worse. With the offensive line the way that it is, it might be the smart play.

Mooney has had a very interesting year. He hasn’t been as prominent as we’d like to see but Fields didn’t start playing at a high level until recently. They clearly do have some chemistry.

Another problem is that Fields has very little time to throw the ball so Mooney’s opportunities as a receiver are limited. It is something that will be better once the team starts to add more talent.

As of right now, this story is going to be one of the leads all week when it comes to Chicago Bears football. We can only hope that this report ends up not being true so he can finish the season strong.

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Reader senior writer Ben Joravsky riffs on the day’s stories with his celebrated humor, insight, and honesty, and interviews politicians, activists, journalists and other political know-it-alls. Presented by the Chicago Reader, the show is available by 4 p.m. Tuesdays through Fridays at chicagoreader.com/joravsky—or wherever you get your podcasts. Don’t miss Oh, What a Week!–the Friday feature in which Ben & producer Dennis (aka, Dr. D.) review the week’s top stories. Also, bonus interviews drop on Saturdays, Sundays, and Mondays. 

Chicago Reader podcasts are recorded on Shure microphones. Learn more at Shure.com.

Chicago Reader senior writer Ben Joravsky discusses the day’s stories with his celebrated humor, insight, and honesty on The Ben Joravsky Show.

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