Chicago prosecutor Kimberly Foxx, the Cook County State Attorney (CCSAO), has announced that her office will not prosecute cases of non-violent, low-level narcotics offenses due to the coronavirus pandemic.
Foxx’s office has reduced court operations and staffing. Its prosecutorial discretion is focused on protecting the health and safety of police officers, first responders, medical professionals, jail staff and the Cook County community at large, according to a statement.
“Out of an abundance of caution for the health of law enforcement and the community at large, the State’s Attorney’s Office will not be pursuing cases which pose little to no risk to public safety at this time,” Foxx said. “An outbreak of coronavirus in our police stations or the Cook County Jail would be devastating, not just for those who are arrested or in custody during this time, but for the officers, staff, and all of Cook County.
Foxx’s action stands in stark contrast to actions by law enforcement in Pinellas County, Florida. The Pinellas County Sheriff’s Office recently arrested an unemployed Florida man and held him on a $5,000 bond for stealing a single roll of toilet paper worth $1 from a neighbor’s unlocked vehicle.
“Everyone deserves to be protected, especially during these uncertain times, and we are obligated to ensure all members of our community feel safe, including those behind bars,” Foxx said.
Normally, people charged with non-violent, low-level offenses in Cook County could be eligible for release with pre-trial monitoring or diverted to a community-based alternative prosecution program.
“Currently, individuals arrested and charged with minor, non-violent felony offenses spend up to 48 hours in custody before the State’s Attorney’s Office is able to dismiss the case at bond court. In-custody conditions increase the opportunity for the spread of COVID-19, where it can be a challenge to implement guidelines set by public health officials regarding measures aimed at containing the virus,” Chicago Defender reported.
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Foxx is currently seeking re-election despite being under investigation for her handling of the high-profile Jussie Smollett case. The “Empire” star claimed he was the victim of a racist and anti-gay attack in January in Chicago.
Foxx’s office dropped charges that he staged the attack himself against him in March.
An independent counsel is looking into Foxx’s action and has indicted Smollett for allegedly making a false police report, NBC News reported.
