A class-action lawsuit was filed late Feb. 26 on behalf of people allegedly being unconstitutionally detained under Cook County Sheriff Tom Dart's review policy for defendants already cleared for release by Cook County bond court judgesand there is an issue with what Dart's chief policy officer, Cara Smith, told Windy City Times.
The suit alleges that Dart's employees are detaining individuals even after their bonds have been posted or they are otherwise eligible for release in order to conduct additional discretionary reviews of their current charges and background. Also, a joint press release from Thedford Garber Law and the Chicago Community Bond Fund ( CCBF ) stated, "One person subject to review [Taphia Williams] was in the sheriff's custody for more than 80 hours after her bond was paid by Chicago Community Bond Fund."
Smith originally told Windy City Times, "The lawsuit was filed after she [the person allegedly held for more than three days] was released from custody, and there was nothing unusual about her processing. With detainees, there's often a day or two to find a suitable host site and to get someone processed outso the lawsuit was curious, at best."
However, Chicago Community Bond Fund's Irene Romulo emailed a copy of the complaint to Windy City Times on March 26, adding, "Taphia William's [sic] already had a suitable place to stay and family members had been told that she would be released on February 27th. When a staff member with CCBF called to inquire about Taphia, two days after she was supposed to be released, he was told that she was being detained under review of the electronic monitoring program and not because the sheriff's office was waiting for a suitable host site, as Cara Smith alleges."
Smith contacted Windy City Times March 31 with the sheriff's office's reply to the March 26 response. She said, in part, "The response you received from the Bond Fund [reflects] a misunderstanding about how our electronic-monitoring program works. We undergo due diligence to make sure everyone has a suitable place to live. It may take a day; sometimes, it may take several days. Regarding this individual, she was held up because of finding the suitability of a host site.
"Also, we are not required by statute to run an electronic-monitoring program. Sheriff Dart and sheriffs before him have done it as partners of the criminal-justice system. ... Their anger is misdirected."
When asked who the plaintiff's anger should be directed toward, Smith said, "Let's take Washington, D.C., as an example, as it's a model pre-trial services programit calls up an annual price tag of $60 million. I bring that up because, in order for people to be successful in pre-trial, they need treatment, they need court remindersa whole host of things to help address their needs. Cook County's pre-trial services agency, historically, has not really existedand the sheriff's program came about to fill some of that space.
'I think everyone should be looking at the sheriff's program with gratitude. And people should collaborate with us to make sure we keep people out of custody, and successful in society."
Earlier coverage here: www.windycitymediagroup.com/lgbt/Lawsuit-alleges-Dart-detains-people-unlawfully/62097.html .