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Judge rules Illinois law eliminating cash bail is unconstitutional



December 29, 2022 2:04pm EST
Judge rules Illinois law eliminating cash bail is unconstitutional
The ruling is expected to be appealed to the Illinois Supreme Court by the Illinois Attorney General's office

By Kyle Morris | Fox News

   An Illinois judge has ruled that the portion of the SAFE-T Act that ends cash bail in the state is unconstitutional.

The Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act sought to change multiple parts of Illinois' justice system with provisions like ending cash bail, limiting how judges determine whether defendants are flight risks, and allowing defendants under electronic monitoring to leave home for 48 hours before they can be charged with escape.

The ruling from a Kankakee County judge on Wednesday came after 65 Illinois counties challenged the law in a hearing last week.

The legislation, which Gov. J.B. Pritzker signed into law last year, takes effect Jan. 1, but according to Kankakee County state's attorney, the ruling from the judge means that the pre-trial release and bail reforms that are part of the law will not take effect in those counties next month.

The ruling does not, however, affect other counties in the state that were not a part of the legal challenge to the law, including the state's most populous Cook County, which includes Chicago.

The portion of the law deemed unconstitutional by the judge would have allowed judges in the state to decide whether defendants pose a risk to public safety and could be released from jail without posting cash bail.


Yea...Macon County is included in the 65 who opposed...

Judge rules end of cash bail in Illinois SAFE-T Act is unconstitutional, will not go into effect in 65 counties on Jan 1
 Sam Borcia and Andrew Hensel | The Center Square
December 28, 2022 9:58 PM
--- Quote ---A judge has ruled that the abolishment of cash bail in the SAFE-T Act is unconstitutional and it will not go into effect in 65 Illinois counties on January 1.

The Safety, Accountability, Fairness, and Equity Today, or SAFE-T Act, was approved by the General Assembly in January 2021.

It makes several changes to the criminal justice system in the state, including eliminating cash bail statewide, making Illinois the first state to do so.

The measure was met with pushback from large segments of the law enforcement community statewide, who say the act could be harmful to allow alleged criminals back on the street as they await trial. ...

“One of the purposes of the SAFE-T Act is to keep our neighborhoods safe,” Pritzker said. ...
--- End quote ---
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Cash Bail Won't Be Eliminated on Jan. 1 in These Illinois Counties After SAFE-T Act Ruling
After months of debate and numerous changes to the final product, the SAFE-T Act in Illinois was set to abolish cash bail beginning on Jan. 1, but that will likely not take place after Wednesday's ruling
By Staff Report and The AP • Published December 29, 2022   • Updated on December 29, 2022 at 1:04 pm   

In at least 65 Illinois counties, cash bail will remain in place on Jan. 1 unlike the rest of the state following a judge's ruling that the pre-trial release provisions in the SAFE-T act are unconstitutional.

The dozens of counties were part of a class-action lawsuit brought by several prosecutors and sheriffs around the state in opposition of the legislation pushed by Democrats who control the Illinois General Assembly.  ... NBC Chicago


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