Potter Stewart

“ The appellees attempt to distinguish between those released on their own recognizance and the 'ten-percenters' by noting that the recognizance practice is 'historic,' whereas the cost-retention provision was recently enacted to end the evils spawned by bail bondsmen. [7] This distinction, however, does not confront the reality that both classes of persons receive benefits and only one class must pay administrative costs. ”

“ The accused may offer cash, stocks or bonds in an amount equivalent to the required bail. No administrative costs are imposed. § 110-8 (a) (1) .
(4) The accused may secure double the amount of required bail in unencumbered real estate. Again, no administrative costs are imposed. § 110-8 (a) (2) and (f) .
A person must satisfy a judge that he meets certain criteria to be eligible for release on his own recognizance. Otherwise the State allows individuals to choose freely among the three other methods of obtaining pretrial release (assuming the individual has the wherewithal to make a choice) . ”

“ The record before us is silent on the question of Illinois practice with regard to the benefits that flow from those sources of income before trial. Stocks and bonds are deposited with the clerk of the court, but there is no indication that the accused does not continue to receive earnings. ”