To protect women who live in fear of domestic abuse, Cook County courts and Sheriff must fulfill their obligations
It did not take long for new Cook County State’s Attorney Eileen O’Neill Burke to realize that Cook County is facing a domestic violence crisis — and that the court and criminal justice system, along with its leaders, has been failing women. This failure stems from a lack of transparency, poor collaboration among government agencies, and a system that releases violent individuals without any strategy to coordinate protection measures for victims.
In stark contrast, outgoing State’s Attorney Kim Foxx, in a press interview on the eve of her departure after eight years in office, expressed shock at the high percentage of violent crimes committed against black women — most of which were domestic in nature.
Cook County’s government and court systems play a critical role in providing safety, resources, and justice for domestic violence victims, and all aspects of the current system is failing women and children. The murder of 11-year-old Jayden Perkins last year highlighted just how broken the system is — and how absent leadership remains. Perkins, age 11, was killed in March 2024 while trying to protect his pregnant mother, Laterria Smith, who was critically injured after her abuser, Crosetti Brand, despite a long criminal history and after he made numerous threats to harm others, was paroled from prison.
In the Perkins case, Laterria Smith had inexplicably been denied an emergency order of protection. The judge scheduled a hearing to consider an order, but left Perkins' mother without protections until that court hearing could take place. Crosetti Brand was never served the order to appear in court by the Cook County Sheriff, despite being in prison at the Illinois Department of Corrections. Next, the Department of Corrections failed to notify the parole board, which then allowed for Brand's release.
On the day of the scheduled hearing, instead of attending via Zoom from prison where he belonged, Brand went to Smith's home and attacked her and stabbed Perkins to death.
Last week, Perkins' mother filed a lawsuit against the Illinois Parole Review Board. Now their teams of lawyers will be collaborating, instead of the Cook County leaders who need to be fixing the systemic issues that led to this tragedy, and so many others, by addressing the complete incompetence of Cook County judges and the Cook County Sheriff.
Judge O’Neill Burke will be instrumental in addressing changes in the criminal justice system, and we all should be thankful for her leadership and independence from the machine politics that protects the negligent “leaders.” However, the State’s Attorney’s Office plays a limited role with orders of protection, due to the majority being sought in civil court, not criminal court, meaning state’s attorneys staff are not present.
Sadly, Perkins' murder is just one of many tragic examples in a system where victims and their children are repeatedly harmed or killed after seeking protection from the very institutions that are supposed to safeguard them. Our court systems operate behind a wall of secrecy, shielded from the Illinois Freedom of Information Act, which provides transparency to the taxpayers and a mechanism for accountability come election time for voters.
Currently, the pretrial and probation departments, and the juvenile justice system are overseen by the Chief Judge of the Circuit Court of Cook County. Under new policy, the Chief Judge will soon administer the electronic monitoring program. However, each of these programs remain sheilded from public scrutiny and child advocacy groups. How can victims of violence trust a system that has no oversight?
The SAFE-T Act’s elimination of cash bail — without sufficient guardrails — and its embrace of pretrial release are endangering victims of violence by returning chronic abusers to their communities. On any given day, more than 90 percent of individuals accused of violent crimes are out on the streets.
When victims seek an order of protection, service to the abuser should be carried out by the Sheriff of Cook County. The service rate is an abysmal 25 percent, a number that includes other law enforcement efforts and when someone was served in court. Without service, an order is ineffective and unenforceable. Meaning, an abuser cannot be arrested if they break the order's mandates.
Enforcement of orders of protection is also inconsistent. The Sheriff’s Office regularly cites staffing shortages, and there’s no witness protection program to shelter chronic victims or ensure bail revocation and serious penalties for repeat offenders. The lack of enforcement and accountability has led to the majority of defendants — many involved in domestic cases — failing to show up for their court dates while out on pretrial release.
Instead of clamping down on offenders failing to appear in court, Cook County leaders have opted to send reminder postcards — rather than issue warrants for arrest. Due to the fact these postcards are deliberately excluded from the Chief Judge’s “Public Dashboard,” former Clerk of the Circuit Court Iris Martinez revealed when the postcards were included in statistical review, over 67,000 defendants, or 74 percent, had failed to show for court appearances since the SAFE-T Act took effect.
The data proves that the past few years have been terrifying for women. In 2023 alone, domestic shootings rose by 19 percent. Violent crimes and sexual assaults have surged while police arrests have declined. The Chicago Violence Reduction Dashboard reported 13,969 female victims of violent crime in 2023 — a 26 percent increase from 2020. These crimes include assault, battery, criminal sexual assault, robbery, and homicide.
Black women, in particular, are disproportionately affected. A CBS News Chicago analysis of police data found that black women made up 30 percent of all crime victims — nearly 1 in 3. Among girls under 18, black girls are the most affected, with 14 attacked for every white girl.
Government agencies must work together to ensure justice. This includes the Chief Judge’s Office, which oversees key programs and assigns judges to these cases; the Sheriff’s Office, responsible for serving orders of protection; and the Illinois State Police, who maintain criminal records and facilitate inter-agency communication.
What, then, can be done to better protect women and children in Chicago — beyond demanding transparency in our courts?
Serve orders of protection effectively and quickly
These orders often require abusers to leave the home, relinquish firearms, and surrender Firearm Owner’s Identification cards. They are essential to protecting victims, their children, coworkers, law enforcement officers, and the public. All of these groups have been killed in domestic violence incidents. The Chicago Police Department must check the database regularly and serve outstanding orders to ensure they are enforceable — and to allow for arrests when orders are violated.
Prioritize coordinated victim services
Chicago’s Departments of Housing, Public Health, and Family & Support Services must coordinate to provide housing, trauma-informed care, and employment assistance. Each police district should offer secure housing options for women and children fleeing violence. Government agencies should partner with community organizations and law enforcement to keep survivors safe.
Amend the SAFE-T Act
The law must allow for easier pretrial detention of individuals who attack, threaten, or contact victims, witnesses, or law enforcement. There must be automatic jail time for such offenses. Lawmakers must ensure prosecutors and judges have the resources they need to argue for detaining violent offenders.
Enact a Chicago public safety ordinance
Under its Home Rule authority, the City of Chicago should pass its own public safety law. It can provide up to 364 days of jail time, fines, and probation for those who threaten police, intimidate witnesses, commit hate crimes, engage in serious weapons violations, or possess stolen vehicles. The city does not need to rely solely on state laws or the State’s Attorney’s office to protect its residents.
Establish a permanent unit within the Chicago Police Department concentrating on domestic violence
Create a special unit within the police department that would specialize in domestic violence and prioritize the department’s response. The unit would undergo special training, implement best practices, help ensure victim protection, and lead coordination between police, social services, and the justice system.
It is painfully clear: Chicago is in the midst of a domestic violence crisis — one that our government is failing to confront. The crisis has been exacerbated by the SAFE-T Act’s pretrial release provisions and by intentional information gaps that conceal the true impact of releasing violent, repeat offenders.
The system is failing women through a lack of transparency, poor coordination, and dangerous policies that release abusers with no safety net for victims. It’s time to act. The safety of women and children must become our top priority.
