Uncertainty remains after Illinois Supreme Court halts cashless bail

[January 04, 2023]  By Kevin Bessler | The Center Square

(The Center Square) – Now that the Illinois Supreme Court has halted the cashless bail portion of the criminal justice legislation called the SAFE-T Act, many are wondering what happens next.

The Pretrial Fairness Act, the portion of the SAFE-T Act which eliminates cash bail, was deemed unconstitutional by a Kankakee County judge last week following lawsuits from dozens of state's attorneys in Illinois challenging the provision were consolidated into a single case. But the judge's ruling only impacted the 64 counties that brought suit.

The Illinois Supreme Court said in Saturday’s ruling that a statewide stay was needed to maintain consistent pretrial procedures throughout the state as the court prepares to hear arguments on the matter.

State Rep. Patrick Windhorst, R-Metropolis, a former state’s attorney, told The Center Square the ruling was necessary.

“In certain judicial circuits, having cash bail and others not, many municipalities that are across counties where one part of the municipality would have cash bail and the other wouldn’t, it would have been chaotic,” Windhorst said.

Democrats who control the Illinois General Assembly had pushed for the abolishment of cash bail, saying it was unfair to those who couldn't afford it.

State Rep. Patrick Windhorst, R-Harrisburg, speaks at a news conference on Wednesday, Jan. 5, 2022.
Courtesy of BlueRoom Stream

"The frivolous lawsuit challenging the constitutionality of the Pretrial Fairness Act is just the latest of many attempts by conservatives to prevent progress and preserve wealth-based jailing in Illinois,” the Illinois Network for Pretrial Justice said in a statement. “They know their actions were taken on weak legal grounds, at the last minute despite the law passing 23 months ago, and were simply intended to delay the inevitable implementation of the Pretrial Fairness Act.”

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.

The SAFE-T Act gained steam with the Illinois Legislative Black Caucus after the death of George Floyd in Minnesota.

In its ruling, the Illinois Supreme Court said it would coordinate an expedited process for an appeal filed by the Illinois Attorney General’s Office. An exact timeframe is unknown.

Kevin Bessler reports on statewide issues in Illinois for the Center Square. He has over 30 years of experience in radio news reporting throughout the Midwest.