Starting January 1, 2016, the Clerk of Courts in Cook County can only keep a maximum of $100 of your posted bond for fees and costs. Prior to passage of the new Act, the Clerk was entitled to 10% of the bond you posted, even if you were found not guilty of the charges that gave rise to the bond. Under the new law, counties with a population of 3,000,000 or more, e.g. Cook County, can take 10% of your bond for administrative costs, but that number is capped off at $100. According to the bill, “[in] counties with a population of 3,000,000 or more, in no event shall the amount retained by the clerk as bail bond costs exceed $100.”
For example, if you are given a $50,000 D-Bond, you are required to pay 10% of that amount (or $5,000) to be released from Cook County Jail. Under the old law, upon a finding of Not Guilty, the Clerk would keep 10% of the amount you posted (or $500) for fees and costs, leaving you with a check for $4,500 of the $5,000 you posted. Under the new law, the Clerk can only keep $100, leaving you with a check for $4,900 of the $5,000 you posted.
Dorothy Brown, the Clerk of the Circuit Court of Cook County, pushed for passage of this new Act because the majority of people to whom the bail requirements apply are already less able to afford the fees and costs associated with the criminal justice system, but are over represented in that system. By instituting these new procedures, Illinois is making a serious attempt to level the playing field for all individuals who become involved in the justice process. It is usually easier to fight the charges against you if you are out of jail and can easily meet with your attorneys and assist them with the preparation of your case, so the denial of bail (whether for economic or other reasons) often puts the defendant at a disadvantage.
If you have been arrested, and need an attorney to represent you for your bond hearing, if you need a reduction in your bond, or if you are having issues obtaining your bond refund, contact us here at LauraLaw, and one of our experienced attorneys will be glad to help you navigate the system.
