Funviralpark Springfield, IL (WLS) — The Illinois Supreme Court has suspended a provision of the Safe-T Act, the Pre Trial Fairness Act, hours before it took effect earlier this year.
The video featured is from a previous report.
Related: What is the Safe-T Act?
This decision means that all counties in the state must maintain a cash bail system until further notice.
The court issued an order on Saturday night to maintain the cash bail system until further notice as the state appeals the judge’s ruling.
“Across Illinois, the same rules and the same protections should apply to everyone regardless of where they live,” said Kane County State Attorney Jamie Mosser.
Earlier this week, a Kankakee County judge ruled that parts of the Safe-T law ending cash bail in Illinois were unconstitutional after state attorneys in 65 Illinois counties challenged the new law. made a verdict.
Watch: What happens next after a judge finds part of the SAFE-T law unconstitutional?
Justice Thomas Cunnington, in a 33-page opinion, cited the need for separation of powers, stating that “…the adequacy of bail rests with the jurisdiction of the courts and is not determined by statutory law.” Stated.
Here is the judge’s decision
“Frankly, it would have been confusing because there were two different systems in place for people being arrested. It’s not fair,” Mosser added.
Attorney General Kwame Raul then appealed directly to the Illinois Supreme Court. He released his statement following the sentencing, stating:
“As previously stated, my office has appealed to the Supreme Court of Illinois because only the Supreme Court’s final decision on the merits of this matter is binding on all Illinois courts. Issued today. The order is not a decision by the Court on the merits of the constitutionality of the SAFE-T Act and I appreciate the Court’s interest in expediting the appeal. and we hope that it will be enforced … it will affect the entire state.”
The Illinois Pretrial Justice Network also issued a statement.”
“While we are disappointed that the Pretrial Fairness Act will not take effect as scheduled on January 1, 2023, we appreciate the Supreme Court’s step in to provide guidance to courts and communities statewide. “The frivolous lawsuit challenging the constitutionality of the Pretrial Justice Act is just the latest of many attempts by conservatives to block progress and preserve wealth-based imprisonment in Illinois. They know their actions were based on weak legal grounds at the last minute, even though the law was passed 23 months ago. The state of Illinois continues to punish the poor because there is still a need to ensure full enforcement of the law and no more paying ransoms to get their loved ones out of prison while Illinois awaits trial. It is imperative that the Supreme Court act quickly to avoid being forced to do so: “It is often the case that the darkest hour comes before dawn. Those trying to maintain the racist system of wealth-based incarceration may fall behind, but if they don’t make progress, they won’t hold back.”
DuPage County Attorney Robert Berlin and Kane County Attorney Jamie Mosser also issued statements regarding the Supreme Court’s decision.
“This afternoon, the Supreme Court of Illinois granted an emergency motion for a supervisory order filed jointly by our firm, which is pending resolution of the current lawsuit, and is a Safe-T-Trust Court. Suspend Enforcement of the Act: Our motion, filed late yesterday afternoon, not only clarifies the implementation of the Safe-T-Act, but also seeks to maintain the orderly administration of the If the Safe-T-Act becomes effective on January 1, 2023, Illinois’ judicial administration will be uneven and In addition, DuPage and Kane counties would have faced additional challenges as multiple municipalities belonged to multiple counties. We are very pleased with the decision of the Illinois Supreme Court. Equal administration of the justice system is paramount to our success. operation. Today’s decision ensures that suspected criminals in Illinois are treated equally and fairly across the state. ”
The Cook County Public Defender’s Office said in a statement:
“The Cook County Public Defender’s Office is disappointed that this historic and transformative law will not take effect tomorrow, January 1, as it was scheduled to take effect. I am confident it will overturn and confirm the constitutionality of the pretrial fairness law. It’s a practice, and it’s time for Illinois to do away with the system of punishing people. We look forward to the days in the near future when Illinois moves forward as a beacon for our nation, reforming our unfair pretrial legal system.”
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