SPRINGFIELD, Ill. (WAND) — The Illinois Supreme Court ruled Tuesday morning that the pretrial fairness portion of the SAFE-T Act is constitutional. Their partisan 5-2 decision will allow Illinois to move forward with the law abolishing cash bail.
Many Democrats and advocates are calling this a major civil rights victory while Republican lawmakers and law enforcement are disappointed with the highest court's decision.
Illinois is one step closer to becoming the first state in the country to eliminate cash bail after the Democratic-controlled Supreme Court ruled the SAFE-T Act does not violate the state constitution.
Chief Justice Mary Jane Theis explained that the bail clause of the Illinois constitution does not include the term monetary. Theis also noted that there is no mandate that cash bail is the only means to ensure criminal defendants appear for trial or to protect the public.
"The only purge that happened was the waste of taxpayer dollars and time," said Sen. Robert Peters (D-Chicago). "Their tax caused undue pain for those working class families with loved ones locked up due to being poor."
Tuesday's decision wasn't surprising as the Illinois Supreme Court Commission on Pretrial Practices previously endorsed bail reform in 2020. However, Republican lawmakers said the Pretrial Fairness Act is a poor public policy that will put Illinois families in danger.
"When this law goes into effect, any detrimental effect this law has to public safety, to putting the community at risk, is going to be owned by the majority party," said Senate Republican Leader John Curran (R-Downers Grove).
Curran quickly called for the General Assembly to return to Springfield for a special session to address concerns from law enforcement, judges and the public. Yet, it is highly unlikely that Democratic leaders will agree to hold a special session as they are proud of the work done with criminal justice leaders and groups advocating for survivors of sexual assault and domestic violence.
"The Pretrial Fairness Act substantially advances public safety by improving their ability - the ability of people who have endured sexual harm - it improves their ability to speak and be heard by the criminal legal system," said Kaethe Morris Hoffer, Executive Director of the Chicago Alliance Against Sexual Exploitation.
The Illinois Supreme Court ruled that the law did not violate the state constitution, setting the effective date as September 18, 2023.Â
The Supreme Court will officially remove its emergency stay on the SAFE-T Act and allow the pretrial fairness provision of the law to take effect on September 18. Although, Curran stressed that lawmakers need to act quickly to ensure every community is safe.
"The SAFE-T Act is not going to do anything that's going to help law enforcement officials actually reduce crime, reduce recidivism," Curran said. "So, that's one of our charges here and we need to empower and support our law enforcement officials."
Local governments will now have 60 days to help law enforcement, prosecutors, and judges prepare for this change.
Many Republican lawmakers sided with the roughly 60 sheriffs and state attorneys who argued that voters should have decided this question through a referendum for a constitutional amendment. Justice David Overstreet said the law will violate the state's Crime Victims Bill of Rights, even though survivors helped draft the SAFE-T Act.
"The General Assembly is charged with passing laws that will improve the quality of life in our communities and that was true in this case," said Sen. Elgie Sims (D-Chicago). "By upholding this monumental law constitutional, the Illinois Supreme Court is providing for greater protections and more humane treatment of those who have been arrested and accused of crime."
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