Illinois Supreme Court Puts Controversial Law Eliminating Cash Bail On Hold

Jeffrey CawoodJanuary 1, 2023

A controversial law was passed by the Illinois Supreme Court that would remove cash bail from certain crimes.

The SAFE-T Act (Safety, Accountability, Fairness and Equity-Today Act) was set to take effect at 12:01 am on New Year’s Day, but late Saturday afternoon the court ordered the stay to “maintain consistent pretrial procedures” As the justices prepare to hear the case, A Kankakee County judge ruled cashless bail unconstitutional. This means that the policy will not apply in the counties that fought the ban. Attorney General Kwame Rahoul indicated that he would appeal this decision.

“Had the SAFE-T Act gone into effect on January 1, 2023, while litigation is pending, the administration of justice in Illinois would have been uneven, thus harming the citizens of the state,” DuPage County State’s Attorney Robert Berlin and Kane County State’s Attorney Jaime Mosser said In a joint declaration.

The counties filed an urgent motion Friday afternoon to suspend law until resolution of ongoing litigation.

“Only the Supreme Court’s final decision on the merits will be binding on all Illinois courts,” Raoul said In a statement “It is important to note that the order issued today by the court is not a decision on the merits of the constitutionality of the SAFE-T Act, and I appreciate the court’s interest in expediting the appeal. We look forward to mounting a robust defense of the constitutionality of the law and ensuring that it goes into effect across the state.”

The appeal has yet to be heard by the high court.

Elgie R. Sims Jr., Democratic state senator, was the bill’s sponsor. said It is a way to. “fundamentally change” The criminal justice system of Illinois is described as “a big, bold, complex, transformational agenda.”

According The SAFE-T Act, which was authored by the Illinois Legislative Black Caucus, emerged following George Floyd’s death in the custody Minneapolis police officers in May 2020. It contained reforms to law-enforcement training, accountability, as well the statewide elimination monetary bail.

Republicans and Conservatives both have condemned the law, citing risks of potentially releasing dangerous criminals into communities. GOP state senator John Curran stated that Republicans were being “frozen out of the process” and weren’t “allowed an opportunity to participate” Make revisions.

Leftist Cook County State’s Attorney Kim Foxx, one of many “reform-minded” With the support of political actions committees, prosecutors were elected funded George Soros helped to create the law. She has accused Other prosecutors opposed to it taking part in “a misinformation campaign.”