Illinois Supreme Court Stops Implementation Of Completely Insane Cashless Bail Policies
On New Year’s Eve, the Illinois Supreme Court delayed implementation of cashless bail in Illinois. This was supposed to take effect on Sunday, New Year’s Day.
No cash bail, part of the Pretrial Fairness Act, was included in the controversial SAFE-T Act passed by the Democratic-controlled legislature and signed by Gov. J.B. Pritzker early in 2021.
Across Illinois, dozens of state attorneys, sheriffs, and counties challenged the constitutionality the cashless bail provision. The lawsuits were consolidated and a Kankakee County Judge sided with the plaintiffs this week. However, the judge’s decision did not stop implementation in 64 counties that brought the suit. This created confusion in other parts.
“The emergency motion for supervisory order is allowed,” Saturday was ruled by the Supreme Court. “In order to maintain consistent pretrial procedures throughout Illinois, the effective date of the Pretrial Fairness Act … is stayed during the pendency of the appeal … and until further order of this Court.”
Illinois Attorney General Kwame Raoul supports cashless bail provisions of the SAFE–T Act. He appealed directly to the Supreme Court.
Thomas Cunningham of Kankakee stated that the SAFE-T Act was in violation of the separation between powers and the Victims’ Right Act. The Illinois Supreme Court has previously ruled judges are entitled to be heard. “independent, inherent authority to deny or revoke bail to ‘preserve the orderly process of criminal procedure.’”
The SAFE-T’s cashless bail provision limited the discretion of judges in setting cash bail for criminal cases.
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