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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 in early 2021.
Dozens of states' attorneys, sheriffs and counties challenged
the constitutionality of the cashless bail provision in lawsuits
across Illinois. The lawsuits were consolidated, and a Kankakee
County judge sided with plaintiffs this week. But the judge's
ruling only halted implementation in the 64 counties that
brought suit, creating confusion in other parts of the state.
"The emergency motion for supervisory order is allowed," the
Supreme Court ruled Saturday. "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, who supports the cashless
bail provision of the SAFE-T Act, appealed the Kankakee County
court's decision straight to the Supreme Court, prompting
Saturday's decision less than a day before it was set to go into
effect.
Kankakee Judge Thomas Cunningham said the SAFE-T Act violated
the separation of powers and the Victims' Rights Act, noting
that the Illinois Supreme Court previously ruled that judges
have “independent, inherent authority to deny or revoke bail to
‘preserve the orderly process of criminal procedure.’”
The cashless bail provision of the SAFE-T Act limited judges'
discretion in setting cash bail in criminal cases. Most
defendants were to be released pretrial without having to post
bail, sparking outrage among law enforcement and others that
violent offenders would be released into communities.
Dan McCaleb is a veteran editor and has worked in
journalism for more than 25 years. Most recently, McCaleb served
as editorial director of Shaw Media and the top editor of the
award-winning Northwest Herald in suburban Chicago.
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