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In the brief, Raoul argues that abolishing cash bail does not
violate the state’s constitution and arguments to the contrary are
“flawed.”
“Plaintiffs contend, and the circuit court agreed, that the General
Assembly violated two separate provisions of the Illinois
Constitution in doing so: (a) the Constitution’s bail clause, which
makes criminal defendants 'bailable' subject to certain exceptions,
and (b) its crime victims’ rights clause, which grants crime victims
certain procedural rights. Those arguments are flawed on multiple
levels, most fundamentally because neither constitutional provision
requires the State to maintain a system of monetary bail. The
circuit court’s contrary decision should be reversed,” Raoul’s
office wrote.
Judge Thomas Cunnington issued his ruling after dozens of state’s
attorneys sued to stop the cashless bail provision from taking
effect Jan. 1. In his ruling, Cunnington determined the pretrial
provisions of the SAFE-T Act violate the separation of powers
principle.
"The court finds that had the Legislature wanted to change the
provisions in the Constitution regarding eliminating monetary bail
as a surety, they should have submitted the question on the ballot
to the electorate at a general election,” Cunnington wrote.
Initially it appeared only the counties that took part in the
lawsuit would keep cash bail in place, but the Illinois Supreme
Court put the provision on hold statewide until the case could be
resolved.
In addition to the bail clause, state’s attorney’s also argued the
pretrial portion of the SAFE-T Act violates a crime victims’ rights
clause.
“It really puts victims at a disadvantage,” said Illinois House
Minority Leader Tony McCombie, R-Savanna, to The Center Square. “To
force victims to be compelled by the defendant to testify at a bail
hearing is absolutely inappropriate.”
The Illinois Network for Pretrial Justice and the ACLU of Illinois
filed an amicus brief supporting the Pretrial Fairness Act. The
brief supports Raoul’s appeal of Cunnington’s ruling.
“The time to end money bond in Illinois has arrived,” stated Ben
Ruddell, director of Criminal Justice Policy at the ACLU of
Illinois. “We are confident that the Court will see that this law is
constitutional, and that the policy will benefit thousands across
Illinois. No one should be forced to languish in jail pretrial
simply because they do not have resources.”
The state’s attorneys who filed the suit have until Feb. 17 to
respond to Raoul’s brief. The Illinois Supreme Court will hear the
case in March.
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. |
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