(WAND) - The Illinois Supreme Court announced its opinion in the Rowe v. Raoul (SAFE-T Act) case Tuesday morning.
The Illinois Supreme Court ruled the pretrial fairness portion of the SAFE-T Act is constitutional. That means cash bail can now be abolished in Illinois.
>>Click HERE to read the full ruling
Illinois was set to abolish cash bail on January 1, 2023 in accordance with the pretrial fairness portion of the SAFE-T Act. However, over 60 state attorneys and sheriffs had other plans and filed a lawsuit to block the law from taking effect. The Illinois Supreme Court heard oral arguments on the constitutionality of the plan back in March.
Criminal justice advocates have fought for years to see Illinois eliminate cash bail.
The Illinois Constitution states all people shall be bailable by sufficient sureties.
Governor JB Pritzker released the following statement on the Illinois Supreme Court’s ruling on the Pretrial Fairness Act:
“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail. My thanks to Attorney General Raoul’s office and the many people who worked tirelessly over the last months to defend these important reforms. I look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.”
Illinois State Republican Leader John Curran is calling for a special session to address the SAFE-T Act. He said, “The long divisive court process instigated by the Democrat’s rushed reform of our criminal justice system opposed by nearly all Illinois law enforcement officials and states attorneys has now concluded with a divided Supreme Court Ruling.
“The legislature should finally heed the concerns of law enforcement, judges and their communities and immediately return for a special session to properly address the SAFE-T Acts’ negative impact on the public before this ill-conceived statute goes into effect in 60 days.
“While no person should be held in jail or let free because of their economic circumstances, the SAFE-T Act handcuffs law enforcement and judges making it more difficult for them to combat violent crime.
“It is possible to reform our cash bail system while keeping our communities safe and the legislature should return immediately to ensure that public safety is in no way jeopardized by the implementation of this reckless legislation before it takes effect.”
Illinois Fraternal Order of Police (FOP) State Lodge President Chris Southwood said, “Today’s ruling by the Supreme Court confirms Illinois’ status as the state of lawlessness and disorder. The court ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican, that the elimination of cash bail will put dangerous criminals back on the street, instead of keeping them in jail or forcing them to post cash bail as they await trial. Many of those offenders will commit crimes again within hours of their release. And who will have to arrest those offenders again and again? The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place. Today’s ruling is a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”
The Fraternal Order of Police, founded in 1915, is the largest organization of sworn law enforcement officers in the United States.
Senate President Don Harmon (D-Oak Park) said, “The court’s decision today culminates a long and challenging journey toward fundamental fairness in our legal system that would ensure the accused stay behind bars because they are dangerous, not because they lack dollars in their pockets. The unjust foundations of our society were not built quickly and they will not be dismantled with ease. But we have taken a great step forward today, and I look forward to the road ahead.”
“With the state’s high court having found the SAFE-T Act constitutional, I look forward to this landmark law being implemented fully and fairly throughout the state of Illinois.”
State Rep. Chris Miller (IL-101) said, “The SAFE-T Act is an irresponsible and dangerous piece of legislation that Illinois Democrats rammed through in the waning hours of the 101st General Assembly. One of the most harmful pieces of this law is the abolishment of cash bail, which allows hardened criminals to roam free in our communities, even after they have committed a crime and have been arrested,” said Miller. “This will put you, your family, and your community in danger, and I am very disappointed to see that the Illinois Supreme Court has ruled in favor of No Cash Bail."
Democratic Party of Illinois Chair Lisa Hernandez said in a statement, “Today’s ruling by the Illinois Supreme Court is a victory in the fight for a fairer criminal justice system. For too long, our pretrial detention system has prioritized wealth over public safety, and ending cash bail in Illinois is crucial to ending unjust criminalization of poverty. I’m grateful to the governor and attorney general for their unwavering commitment to building a more equitable Illinois for all."
State Senator Chapin Rose (R-Mahomet) said, “The Democrats have endangered the citizens of Illinois. In fact, their original draft was so terrible it has been through multiple amendments so far. But no amount of amendments will fix the SAFE-T Act, it needs to be repealed.”
State Senator Elgie R. Sims, Jr. (D-Chicago), the chief sponsor of the SAFE-T Act, said, “Since day one, I have maintained that the cash bail system places an undue burden on poor people accused of crime and in and of itself does not adequately make our communities safe. What will make our communities safer is a focus on the totality of circumstances behind crime, holding those responsible accountable, and most importantly ensuring crime doesn’t happen in the first place.
“From the beginning, I disagreed with the plaintiff’s claim that the General Assembly exceeded its authority in this case and am glad the Illinois Supreme Court agreed. 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. By upholding this monumental legislation, the Illinois Supreme Court is providing for greater protections and more humane treatment of those who have been arrested and accused of crime.
“Change — when it comes — often faces push back from those who seek to continue to invest in the way things are, which has produced disparate outcomes and had devastating impacts on communities. The goal of the proponents of this law has always been and continues to be for the phrase “equal justice under the law,” to be more than an aspirational statement, but the reality of our criminal legal system.
“Today’s decision will allow us to continue the long-overdue step toward dismantling systemic racism and eliminating the practices which have created barriers to opportunities and obstacles to prosperity for far too long. Illinois continues to show the rest of the nation that monumental change is possible to make the criminal legal system fair, equitable and just for all.
“While we celebrate today’s outcome, our work continues.”
Congresswoman Mary Miller (R-IL) issued the following statement in response to the Illinois Supreme Court's decision to uphold J.B. Pritzker's SAFE-T Act.
"Today, the Illinois Supreme Court erased the rights of crime victims by upholding the Pritzker SAFE-T Act, which will release dangerous prisoners onto our streets and make it even harder for law enforcement to protect our communities," Miller said.
"By ending cash bail and ordering the release of dangerous criminals, JB Pritzker has made our neighborhoods and our families less safe in his desperate attempt to make Illinois more radical than California so that he can run for President,” added Miller.
“Our state's attorneys are warning that almost HALF of inmates currently in jail could be released under the SAFE-T Act, which is why 100 out of 102 State's Attorneys opposed the bill. Please pray for crime victims and our police officers as they face the latest danger unleashed by JB Pritzker's radical pro-crime agenda."
Illinois State Representative Dan Caulkins (R-Decatur) said, “Not unexpectedly, the Illinois Supreme Court today upheld the constitutionality of the SAFE-T Act that includes the no cash bail provision. This bill was passed in the final moments of a lame duck session by the bare minimum of 60 votes. Many of the harshest critics of this law agree that reforming the criminal justice system is needed. The no cash bail provision has been criticized in other cities that have tried it because of the negative impact it has had on the safety and security of their citizens. This decision is very discouraging and the net effects of the law will be setting more violent criminals free. This ruling will further demoralize members of law enforcement agencies and ultimately makes Illinois less safe. We must push back against the efforts of Governor Pritzker and the Democrats who prioritize social engineering of the criminal justice system that favors criminals over victims.”
State Senator Sally Turner (R-Beason) said, “I am greatly disappointed in today’s decision by the Illinois Supreme Court. The full implementation of the SAFE-T Act will completely and broadly change our state’s criminal justice system – and not for the better.
“This law will take away local judges’ ability to exercise necessary discretion and will allow known criminals back on the streets to commit more crimes. It is truly a sad day when our state Supreme Court upholds a criminal justice system that prioritizes criminals over victims.”
State Representative Blaine Wilhour (R-Beecher City) said in a statement:
According to the ruling, “The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public.”
But Article 1 Section 9 of the Illinois Constitution reads: “All persons shall be bailable by sufficient sureties, except for the following offenses where the proof is evident or the presumption great: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, when the court, after a hearing, determines that release of the offender would pose a real and present threat to the physical safety of any person. The privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when the public safety may require it.”
“There is no ambiguity about Article 1 Section 9,” Wilhour said. “The frequency with which the Governor, the legislature, and our political courts blatantly ignore and violate our Constitution should have all Illinois citizens on high alert. But then again, there are justices on the Supreme Court who are serving primarily because of the campaign donations they received from JB Pritzker. This ruling defies common sense and is another illustration of the corruption we have in Illinois. JB Pritzker and the Democrats redrew the Supreme Court districts to ensure a Democrat majority on the Court and then JB Pritzker solidified the Democrat victories in the last election with millions of dollars in campaign donations. People wondering how the justices on the Supreme Court can ignore the English language and uphold the SAFE-T Act need to look no further than the millions of campaign cash donated to justices Elizabeth Rochford and Mary O’Brien.”
An analysis of crime data in New York clearly shows an increase in rearrest rates of 3-5 percent AFTER New York’s bail reform (https://www.city-journal.org/article/yes-new-yorks-bail-reform-has-increased-crime).
“New York is having second thoughts about their partial elimination of cash bail because crime is not going down – it is going up,” Wilhour said. “The Illinois law goes far beyond New York’s laws. Using New York as a barometer, there is no question, the crime problems we are facing in Illinois are about to get worse."
Sangamon County State’s Attorney, Dan Wright, released the following statement:
"We respect the Supreme Court’s decision and will be prepared to fully implement the law in coordination with all other stakeholders within our justice system. I am optimistic that the legislature will continue productive efforts to improve the legislation in the interest of public safety and dedicate sufficient funding to sustain the new pre-trial system.”
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