SAFE-T Act provision ending cash bail constitutional, Illinois Supreme Court rules

CHICAGO (WLS) — The Illinois Supreme Court ruled the provision of the SAFE-T Act ending cash bail to be constitutional in a ruling Tuesday.

Governor JB Pritzker signed the SAFE-T Act into law last year. It eliminates cash bail.

The cash bail provision was to go into effect Jan. 1, but it was challenged by lawsuits from prosecutors and sheriffs across the state

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Last December, a judge in Kankakee County ruled the provision was unconstitutional.

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Illinois Attorney General Kwame Raoul filed an appeal to the Illinois Supreme Court, which heard arguments in the case last March.

Governor Pritzker said in a statment, “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 i”mportant 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.”

Kankakee County State’s Attorney Jim Rowe, who sued to overturn the SAFE-T Act, said in a statement, “ A few moments ago the Illinois Supreme Court ruled that the Safe-T Act is constitutional and will take effect on September 18, 2023. While this ruling is disappointing and the Act terribly detrimental to public safety, we must abide by the decision and will continue to do our best to serve the people of Kankakee County.

Despite the defeat, I could not be more proud of all who fought the good fight. The people of Illinois deserve better than bail reform that is passed under cover of darkness at 4am when all the state was sleeping; they deserve to have a voice in any constitutional amendments thru the power of their vote; and they deserve to be governed by a government of, for and by the people – not by legislative or gubernatorial fiat. That was the essence of our lawsuit and we stand for those principles still today.”