Cashless bail has wreaked havoc on law and order in states like New York, though other liberal states still want to follow suit. Illinois, for example, was scheduled to implement such a system on January 1. But on Wednesday, just days before the “SAFE-T Act” provisions went into effect, a judge ruled that the cashless deposit portion was unconstitutional.
The ruling was handed down by 21st District Court Judge Thomas Cunnington. How report from NBC Chicago emphasized: “The Cunnington ruling found that the SAFE-T Act violates the Separation of Powers Clause, the Victims’ Rights Act and unconstitutionally amends Art. And Section 9 of the state constitution, which codified cash bail in the state.”
AND another report explains that “Cunnington ruled that because cash bail is specifically mentioned in the state constitution, it must be put before voters, and therefore its removal would require an amendment.”
Other parts of the “SAFE-T Act” were upheld, including requiring police to wear body cameras and banning all police restraints.
Parts of the legislation have been in effect for more than a year, according to a press release from Illinois Attorney General Kwame Raoul after the decision was made.
The press release explained that he “intends.”[s] “to appeal the district court’s decision directly to the Illinois Supreme Court, where we will ask the court to reverse the district court’s decision.” The court consists of five Democrats and two Republicans.
My statement in response to the Kankakee Court’s opinion on the SAFE-T Act: pic.twitter.com/W0rMeJ0CFM
— Illinois Attorney General (@ILATtyGeneral) December 29, 2022
Raoul’s press release also mentioned that these portions of the legislation would continue to apply in counties not party to the lawsuit because “it is critical to note that it is not binding on any other case, including cases involving criminal defendants in the state’s 102 counties.”
NBC Chicago noted that a lawsuit “brought by more than thirty prosecutors and sheriffs across the state challenged this statute, resulting in plaintiffs from 64 counties naming [Gov. J.B.] Pritzker, as well as Attorney General Kwame Raoul, Senate President Donald Harmon, and House Speaker Chris Welch as defendants.”
The press release also later indicated that “the right of people awaiting criminal trial – people who have not been convicted of a crime and are presumed innocent – to apply for release from prison without having to pay cash bail will come into force in just a few days despite a court decision violating these provisions.”
In November, Ohio voters had the opportunity to vote on bail reform, overwhelmingly favoring judges who have a say in bail determinations. 77.5% to 22.5% of Ohio voters supported amending the state constitution to read: “In determining the amount of bail, the court shall consider public safety, including the seriousness of the crime, the person’s criminal history, the likelihood that the person will return to court , and such other factors as the General Assembly may recommend.”
