SAFE-T Act and Capital Budget Topics on Last Day of CC Board Budget Meetings

Cook County Finance Committee Meetings on the Budget
October 26, 2022, 9 am to 2:30 pm

The Sheriff said there should be little impact on the jail population in Cook County as a result of the SAFE-T Act going into effect on January 1, 2023.  The Chief Judge explained the differences between the criteria for holding people in jail prior to trial in criminal cases now and after January 1.  

Following are more details of the meetings with these two officials, as well as the meeting on the Capital Budget.

Office of the Sheriff -– Presented by Sheriff Tom Dart

• Because of the changes in the way bail has been set in Cook County courts since 2018 he expects that the SAFE-T Act will have little impact on the jail population.  Estimated maybe 100 current detainees will have their bail reviewed, and thinks there may be some more people accused of domestic violence ordered detained.
• Says that he still thinks there are more people being released (mainly on electronic monitoring, “EM”) than should be because there is not enough distinction among those charged with gun violations.  (See more on this below in the Chief Judge’s section.)
• Wants to have budget amended to fund purchase of a new helicopter to help in fighting crime across the County.  Says only have 2 now (from 1994 and 2006), with the ability to borrow another from the County’s Homeland Security department at times.  Another helicopter would reduce dangerous, high-speed pursuits.  Contrasted the larger number of helicopters for New York, LA, and Harris County, Texas.  The Budget Department is analyzing the request and looking where money could be found.
• Explained that jail population has changed.  Majority now are there accused of violent crimes, rather than substance abuse, as in the past.  Many of the past efforts and programs were directed to helping those released from jail to successfully go back to their communities.  Now, however, most of the detainees are leaving the jail after trial to go to prison and not back to the community.
• Says that 2 main proximate causes of violence now are (1) availability of guns, and (2) social media where people’s rhetoric escalates and there is no cooling off period.  (These causes apart from all the social issues.)
• In addition to policing the unincorporated areas and Robbins and Ford Heights, and providing services for a number of other suburbs pursuant to agreements, the Sheriff has focused on violence in Chicago.  Since opening an office in Austin on the west side of Chicago, there has been a 20% reduction in shootings in that neighborhood.  More recently, opened an office at 500 N. Clark, and will be moving into larger quarters at State and Chicago.  Besides providing a police presence, also have a unit to deal with homelessness, another to deal with people in crisis, and a K-9 unit to help patrol El platforms.  Roll call for eviction and service of process has been moved from the Daley Center to Chinatown to provide a greater police presence there.
• Has about 400 vacancies.  Recently went to Kentucky and North Carolina to recruit military veterans with some success.

Office of the Chief Judge -– Presented by Chief Judge Timothy Evans

• Said that under current law, the State’s Attorney must file a petition to hold a criminal defendant in jail prior to trial.  Then the judge at the bail hearing has to hold there is at least one of these situations to grant the petition: (1) that the proof has to be evident or the presumption is great that the preponderance of the evidence points to the defendants and that they pose a clear and present threat to a person or community and there are no mitigating factors; and/or (2) there is clear evidence the defendants are a flight risk.
• Under the SAFE-T Act, there are certain felonies that are excluded from consideration of the first situation, and in those cases, defendants can only be held if a current flight risk.  The other difference is that if there is a petition to hold, there is a separate hearing on whether to detain presided at by a second judge.
• Responding to Comm. Sean Morrison’s questions, said that approximately 86% of those defendants that go to trial are found guilty.  The average sentence for murder is 35 years.  As a result, the overwhelming number of cases end in a plea deal.  Said would provide data from the last 12 months on the number of murder and attempted murder cases where the charges are downgraded.
• Comm. S. Morrison also provided some statistics from the Sheriff that of the over 2,000 people on electronic monitoring, 970 are accused of gun offenses.  Comm. Morrison asked whether there should be some kind of blue-ribbon commission to review these cases to see if policies regarding electronic monitoring should be changed.  Judge Evans said that many of these defendants are charged with “unlawful use of a gun,” but that charge does not mean that the gun was actually used. It could be that the person had a gun without the proper permit.  So Judge Evans would welcome such a commission and would like to revise the terms used to distinguish among the different situations.
• Because of the Early Resolution Program to help deal with eviction cases, there has been no huge number of evictions as the Judge feared at last year’s budget meeting.  Under this program, there are mediators and legal advisors to work with both sides to try to resolve the situation, including find other housing since in some cases the landlords want to get rid of the tenant as opposed to getting back rent.
• Provided some codes that can be used to generate reports on continuances, including whether the state’s attorney or defense counsel sought them.  Commissioners Miller and Daley noted they have been seeking this information for the last year.  Judge Evans said that his office will work with the Clerk of the Court to add codes for general reasons on why a continuance is sought. Expects to start on this after the Odyssey System is fully operational, which should be by the end of Nov.
• There was discussion concerning confinement/isolation of juveniles at the Juvenile Temporary Detention Center.  Commissioner Gainer asked that the following be considered as the policy continues to be fleshed out:  (1) more clarity on how someone ends up in confinement; (2) clear direction that confinement is the last resort; and (3) mental health sign-off by a professional before someone can be confined (like in NY and LA).

Capital Budget Overview – Presented by Acting CFO Lawrence Wilson, Bureau Chief of Asset Management Elizabeth Granato, Director of Transportation Jennifer Killen, and Deputy CIO Adam Clement.

The 2023 Capital Budget is $505.2 M composed of 

• $248.4 M (49.2%) for capital improvements for County facilities; 
• $136.2 M (27%) for County maintained road, bridges, and highways; and 
• $120.6 M (23.8%) for capital equipment for County departments that includes primarily information technology (71% composed of costs for hardware and implementation), plus the remainder for vehicles, fixed plant assets, institutional equipment, furniture, and medical lab equipment.  
• Note:  some of these expenditures show up in the overall budget as expenditures from special purpose funds (including the Transportation and Highways fund), and grants.  As a result, these sources of revenues for capital projects are not included in the Capital Improvement Budget, which is $352.6 M (just about the same as 2022).

Part of the presentation focused on the process of determining how much could be directed to capital projects, including how much debt to incur, as well as how the County prioritizes projects.  The County currently has investment grade bond ratings of A2 from Moody’s; A+ from S&P Global Ratings, and AA- from Fitch Ratings for General Obligation Bonds; and AAA from Kroll Bond Rating Agency and AA- from S&P Global Ratings for Sales Tax Debt. 

Among the projects included in the Capital Budget are

• Renovation and consolidation at the County building, including making the 5th floor Board Room ADA accessible and adding technology improvements (the entire 5th floor, which also houses the President’s and Commissioner’s offices are expected to move to the 10th floor in Nov. or Dec.)
• Major renovations at Stroger Hospital
• Completion of the Court Utilization Study for the civil division (the criminal division has been completed0
• More work on the Integrated Property Tax System
• The State’s Attorney’s Case Management System
• A number of transportation projects
• Continued work as part of the Green Buildings Program, which is reducing the County’s carbon footprint, but also reducing energy costs

​Observer:  Priscilla Mims