(The Center Square) – One day after President Donald Trump criticized cashless bail policies, the Illinois Supreme Court has taken a case involving pretrial release violations under advisement.
The president said Monday that cashless bail started a wave of killers getting released and killing again. Illinois was the first state to implement cashless bail statewide in September 2023.
On Tuesday, the Illinois Supreme Court convened in Springfield on the first day of its September term. The first case on the docket involved the denial of pretrial detention requested by prosecutors, subsequent violations of pretrial release and the reduction of jail time for good behavior.
Justices heard oral arguments in the People of the State of Illinois v. Geoffrey P. Seymore, who received a court-imposed sanction of 30 days in jail for violating conditions of pretrial release.
Seymore was charged with aggravated participation in manufacturing methamphetamine, unlawful possession of methamphetamine, and unlawful possession with intent to deliver methamphetamine in 2024.
The DeKalb County Circuit Court rejected government attorneys’ petition to deny pretrial release and instead ordered electronic home monitoring, which prosecutors say Seymore violated the next day by traveling to three unauthorized locations.
The court imposed a 30-day jail sanction and denied Seymore’s motion for good-conduct credit.
Seymore appealed, and Illinois’ Second District Appellate Court overturned the circuit court’s ruling, finding that the state’s Good Behavior Act “presumptively applies to all persons serving sentences of imprisonment in a county jail unless an express exception applies.”
Because none of the act’s exceptions specifically apply to pretrial jail sanctions, the appeals court ruled that Seymore was entitled to good-conduct credit against his 30-day sanction.
Illinois Assistant Attorney General Lauren Schneider argued Tuesday that the circuit court ruled correctly that the defendant was not eligible to reduce his 30-day jail sanction with good conduct credit.
“The question boils down to, is a pretrial jail sanction the same as a sentence within the act’s meaning, and we believe the answer is ‘no,’” Schneider said.
Defense attorney Sam Steinberg said any ambiguity in the statute is generally interpreted in favor of the accused.
“Because the legislature has not decided to impose an express exception, this court should decline the state’s attempt to rewrite the statute and affirm the appellate court’s judgment,” Steinberg argued.
Chief Justice Mary Jane Theis brought up civil contempt language in state law.
“It specifically says that individuals sentenced, and that’s the operative word here, ‘sentenced,’ under an order of court for civil contempt seems to suggest that a time in the county jail based upon the violation of a court order is a sentence,” Theis said.
Schneider said a pretrial release violation is different than civil contempt.
“Simply, a defendant is not being sentenced at all. A defendant is receiving a jail sanction,” Schneider said.
According to Schneider, the good behavior law kicks in when a sentence is imposed and not at the beginning of court proceedings. She asked justices to reverse the appellate court’s judgement and affirm the ruling of the circuit court.
Theis said the court would take the case under advisement.
The Illinois Supreme Court announced Tuesday that Justice P. Scott Neville, Jr. would take over for Theis and begin serving a three-year term as chief justice on Oct. 26. Theis has served in the role since 2022, when she replaced Anne M. Burke.
