Funviralpark The Illinois Supreme Court suspended the abolition of the state’s cash bail system on Saturday, just before a landmark criminal justice reform went into effect.
The bail system overhaul — the most controversial provision of the SAFE-T Act, written into law as the Pretrial Fairness Act and widely scrutinized in the state — was announced this week by Kankakee County judges in 64 counties. He backed the authorities and sued for a bail stay in 64 counties and was denied. In force.
Chief Justice Thomas Cunnington wrote in his ruling that “the adequacy of bail is subject to the powers of the courts and not to be determined by statutory law.”
Illinois Attorney General Kwame Raul appealed Friday to the Illinois Supreme Court, overturning Cunnington’s decision, which affects only the county that filed the lawsuit.
Meanwhile, state attorneys in DuPage and Kane counties have ordered the Supreme Court to issue an order revealing that more than half of the state will retain its old cash bail system and the remaining 38 counties, including Cook, will enter the new year. I asked for In the era of cashless bail.
The state Supreme Court on Saturday ordered the Pretrial Fairness Act not to take effect until further notice “in order to maintain consistent pretrial procedures throughout Illinois.”
It’s unclear how long the temporary stay will last: The Supreme Court has not set a date to hear arguments on Raoul’s appeal, and it was not clear when the judge would take action.
A court spokesman said there was a quick briefing process for lawyers to submit briefings before judges heard oral arguments.
Raoul appreciated the court’s haste in addressing the issue, saying, “It is important to note that the order issued by the court today is not a decision on the merits of the constitutionality of the SAFE-T Act.” said.
In a statement, Gov. JB Pritzker said he was confident the act would be found constitutional and looked forward to a judge’s review.
The Pretrial Justice Act “reflects long-awaited reforms that will make families in Illinois safer and prevent violent criminals from buying their freedom simply because they are wealthy enough. there is,” he said.
In a joint statement, DuPage and Kane county state attorneys Robert Berlin and Jamie Mosser said: Equal administration of justice is paramount to the successful and fair administration of our criminal justice system. ”
Bail reform is just one part of the SAFE-T Act. The SAFE-T Act is a series of broad criminal justice reform measures signed into law by Pritzker last year, some of which are already in force.
Other measures include requiring all police stations to equip officers with body-worn cameras by 2025, expanding services to victims of crime, and re-mapping those incarcerated. This includes changing the way it counts.
However, abolishing cash bail proved to be the most controversial part. would have become a state.
Cook County public defender Sharon Mitchell said she was “disappointed that this historic and transformative legislation will not be implemented as planned,” calling the lawsuits that led to the delay “frivolous.” I called.
Under the reform, judges will no longer be able to set monetary bail that a person charged with a crime can post for release while a case is pending. Critics of cash bail say the system is inherently unfair and a risk to public safety. .
“Illinois will continue to punish the poor as the paralysis continues by the day,” the Illinois Pretrial Justice Network said in a statement Saturday. “Acting quickly to ensure that the Supreme Court fully enforces the law and prevents any more Illinoisans from being forced to pay ransoms to release their loved ones from prison while they await trial. is essential.”
Under the Pretrial Fairness Act, judges continue to assess whether defendants are a public threat or flight risk and order their release or prison custody on court-specified terms.
But while supporters say it would make the justice system fairer, opponents argue it could leave more dangerous people on the streets.
Throughout this past election season, Republicans have jumped on Democrat-created SAFE-T laws and bail abolition, aiming to see liberal opponents as vulnerable to crime.
Data from other jurisdictions that have already largely eliminated cash bail shows that defendants continue to attend courts at high rates and rarely bring up new charges during their release. Studies also show that the abolition of cash bail has not had a significant impact on crime overall.
