SAFE-T Act’s end to cash bail paused by Illinois Supreme Court

The Illinois Supreme Court docket stayed a provision of the SAFE-T Act set to take impact Jan. 1 that might have eradicated money bail statewide after a county decide dominated it will violate the state structure. The excessive court docket mentioned it deliberate an “expedited” overview.

The Illinois Supreme Court docket stayed the controversial no-cash bail provisions of the SAFE-T Act Dec. 31, halting the elimination of money bail statewide whereas the decrease court docket’s resolution is heard on enchantment.

The order concentrating on the pretrial provision of the Security, Accountability, Equity and Equality-At the moment Act got here simply hours earlier than the omnibus invoice was set to take impact Jan. 1. Illinois would have been the primary state to finish money bail as a approach for defendants to go free till trial, thought-about as unfair to low-income resident who are sometimes held in jail as wealthier defendants go free.

The excessive court docket’s momentary order was made after a Kankakee County decide dominated towards the pretrial launch portion of the act for 65 Illinois counties Dec. 28 on the grounds it violated the Crime Victims’ Invoice of Rights and separation of powers sections of the Illinois Structure.

The justices ordered the keep to “preserve constant pretrial procedures all through Illinois” counties whereas they think about the state’s enchantment to the Kankakee County ruling.

No listening to date has been set however justices introduced plans for an “expedited course of” to overview the enchantment on the deserves. All different provisions of the prison justice reform invoice went into impact as anticipated Jan. 1. The act phases in police physique cameras by 2025, regulates police coaching and self-discipline, amongst different issues.

In his ruling, Circuit Choose Thomas Cunnington sided with 65 of Illinois’ 102 state’s attorneys, citing the significance of the separation of powers between the legislative and judicial branches. Cunnington mentioned, “The appropriateness of bail rests with the authority of the court docket and might not be decided by legislative fiat.”

However Illinois Legal professional Common Kwame Raoul disagreed. He appealed the decrease court docket resolution on behalf of the state, arguing “a decide’s discretion as regards to pretrial detention is expanded” beneath the brand new reform.

Regardless of the disagreement, authorized specialists on either side lauded the Illinois Supreme Court docket for shifting to pause the reforms and forestall unequal enforcement of the brand new regulation throughout Illinois.

“We’re very happy with the Illinois Supreme Court docket’s resolution,” wrote the DuPage and Kane County state’s attorneys in a joint assertion. “The equal administration of justice is paramount to the profitable and honest administration of our prison justice system.”