Just hours before cash bail was set to be eliminated across parts of Illinois, the state's Supreme Court stopped it from taking effect as the high court prepares to debate whether or not the pretrial release provisions are constitutional.
The court issued an order Saturday evening staying the elimination of cash bail until further notice "in order to maintain consistent pretrial procedures throughout Illinois" as the state appeals a judge's ruling on the matter.
A Kankakee judge ruled Thursday that the pre-trial release provisions in the SAFE-T Act are unconstitutional, leaving cash bail in place in several counties that were part of the lawsuit. Outside of the elimination of cash bail, other portions of the SAFE-T Act, including new requirements for body cameras and other police reforms, were allowed to stand, however.
Cunnington's ruling held that the pretrial release provisions in the SAFE-T Act violated the Separation of Powers Clause, the Victim Rights Act, and unconstitutionally amended Article I, Section 9 of Illinois' constitution, which codified cash bail in the state.
Cunnington was swayed by the plaintiffs' argument that the state constitution provides for bail in stating, “All persons shall be bailable by sufficient sureties,” while Illinois Attorney General Kwame Raoul's staff contended that the statement merely assures defendants that there's a way out pending trial.
The state appealed that decision.
The elimination of cash bail was set to take effect Jan. 1, but will now be on hold as the Supreme Court prepares to hear the appeal. The court's order states that it plans to "expedite" the appeal process as questions over the future of the measure linger.
State's attorneys in Kane and DuPage counties had requested the Illinois Supreme Court delay the elimination of cash bail amid confusion over how a divided state would work.
"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 all the citizens of the State. Additionally, DuPage and Kane Counties, would have faced additional challenges as multiple municipalities are in multiple counties, some of which were bound by the pending litigation and others that were not," DuPage County State’s Attorney Robert Berlin and Kane County State’s Attorney Jamie Mosser said in a joint statement. "We are very pleased with the Illinois Supreme Court’s decision. The equal administration of justice is paramount to the successful and fair administration of our criminal justice system. Today’s decision will ensure that those accused of a crime in Illinois will receive equal and fair treatment throughout the State."
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