McHenry County State’s Attorney Patrick Kenneally Spreads Misinformation about Pretrial Reforms

The Briefing

Patrick Kenneally’s press release, which labels the Pretrial Fairness Act an ‘abject failure,’ contains multiple misleading claims:

Crime Rates: Kenneally’s assertion of a ‘30% increase’ in crime fails to acknowledge that the difference amounts to just 17 cases.

Jail Population: The alleged increase in jail population is minimal—just 12 individuals, amounting to a 5.5% rise.

Failure to Appear Rates: Kenneally inaccurately claims a 280% rise in Failures to Appear. In reality, Failure to Appear Warrants have decreased by 42%, from 1,055 to 616. His conflation of warrants and summons further skews the narrative.

Origins of the Act: He inaccurately portrays the Act as solely created by ‘advocates for criminals,’ ignoring the broad coalition supported it. Supporters of the Pretrial Fairness Act include victims and victim advocates, other state’s attorneys, and community members—all of whom agreed it was time to end a wealth-based pretrial system that prioritized money over safety. Finally, the Pretrial Fairness Act is a cornerstone of the SAFE-T Act, one of the Illinois Legislative Black Caucus’s pillars to increase racial equity in the state. To reduce the work of Black Caucus leaders—many of whom represent the communities most harmed by money bond and other instruments of mass incarceration—is an appallingly racist dismissal of sincere efforts by public officials working to create a safer and more just Illinois for everyone.

The Pretrial Fairness Act represents a crucial shift towards justice and equity. By prioritizing public safety over financial status, the Act ensures that individuals who do not pose a risk to the community can continue to work and care for their families while awaiting trial. Despite Kenneally’s misleading claims, data from the first year of implementation shows that Illinois’ new pretrial system is effectively balancing fairness and safety.