Washington Examiner

Illinois Supreme Court supports goal to end cash bail in criminal justice reform.

The Illinois Supreme Court Upholds ​Law Eliminating Cash ‍Bail

The Illinois Supreme ⁤Court made a landmark⁤ decision on ​Tuesday, ⁣upholding the ⁢state’s‍ law​ that‌ eliminates cash⁤ bail. ‌This ‌ruling puts an‍ end to‍ a lengthy‌ debate over the constitutionality of the ⁤reform.

The​ state’s high⁤ court ruled ⁢5-2 ⁤that ‍the ​Illinois ⁢Constitution does not⁤ require‌ cash bail‌ in‌ criminal trials,⁣ overturning the⁤ decision⁢ of a Kankakee⁣ County ​judge.

The court ​emphasized‍ that the ⁢constitution does ‌not ‌mandate⁣ monetary‌ bail as the sole means ‌to ⁢ensure defendants’​ appearance ‍in trials or⁢ to protect the ⁢public. It recognizes‌ the ‍need‍ to strike a ⁤balance‍ between‍ the ​rights​ of defendants⁤ and the rights ‌of‍ crime victims.

The⁢ cash bail⁣ provision, ​part of⁤ the SAFE-T Act signed into​ law by⁤ Governor JB ‍Pritzker (D-IL) last ​year, ‍was originally⁣ scheduled to take​ effect on January 1 ‌but faced legal ​challenges ⁢that ​caused a ⁣delay.

In ⁣response ⁤to⁣ the Supreme‌ Court’s decision, Governor ⁢Pritzker⁤ expressed ‌his ⁤satisfaction, stating,⁢ “We can​ now ​move⁣ forward with⁢ historic ⁣reform⁢ to‍ ensure ​pretrial⁤ detainment is determined by ⁢the danger⁤ an​ individual poses to​ the community instead of⁢ by ‍their ability ⁣to ‌pay⁤ their ⁣way out of ⁢jail.”

Cook County State’s Attorney‍ Kim ⁢Foxx,⁢ a vocal advocate ⁢for eliminating⁣ cash ⁢bail, praised ⁤the court’s ⁤ruling. She believes⁤ that replacing cash bail⁣ with a detention ⁣process based ⁣on community ​safety, ⁢rather than⁢ financial status, ⁣will be a ​significant step⁤ forward.

However, Kankakee County⁣ State’s Attorney Jim⁢ Rowe,⁢ who was⁢ among those who⁣ sued to ⁢overturn ‍the law,⁣ expressed disappointment⁤ with the ‍decision.​ He​ believes the⁤ law‌ is ⁤detrimental to public safety ⁣and criticized its passage‌ in the early hours of the ‌morning without public input.

Republican candidate ⁢Ray Estrada,​ running for Illinois’s 17th⁢ District, ⁣called​ the ruling a⁤ “radical‍ policy” that​ fails to address violence​ and ‌empowers prosecutors who​ prioritize‌ “social justice” over the ⁢safety of⁢ victims.

Justice David⁤ K. Overstreet dissented from the majority opinion, with ​Justice Lisa Holder White joining his dissent. Overstreet​ argued that eliminating⁤ cash ⁣bail infringes ⁤upon ‌the rights⁣ of crime ⁢victims.

Illinois Attorney General⁤ Kwame ‍Raoul⁣ appealed the Kankakee County‌ judge’s ⁢ruling⁢ to⁣ the Illinois ⁤Supreme ​Court, leading ⁢to⁢ the⁣ recent decision‌ after arguments were heard in March.

For ⁤more information, click ‍here to read ‌the‌ full⁣ article from The Washington‍ Examiner.



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