A Kankakee County Circuit Court Judge has ruled part of the Safety Accountability, Fairness, and Equity-Today or SAFE-T Act is unconstitutional.
The ruling by Judge Thomas Cunningham late Wednesday night found the pretrial release and bail reform portions of the act in violation of Illinois law.
The Kankakee County State’s Attorney’s Office said the judge’s ruling would have an immediate effect of blocking those provisions of the act from being enforced in the 65 counties where the State’s Attorney sued to block the law. That includes Clay, Clinton, Effingham, Fayette, Jefferson, and Washington Counties in South Central Illinois. Marion County State’s Attorney Tim Hudspeth had elected NOT to sign onto the lawsuit, so the judge’s decision will not block the law going into effect in Marion County.
However, the victory for the 65 State’s Attorney could be short-lived as Attorney General Kwame Raoul said he plans a direct appeal to the Illinois Supreme Court to get the circuit court’s decision overturned.
In a statement, Raoul says most of the SAFE-T Act’s provision have been in effect for more than a year, and regardless of the circuit court decision, all parts of the SAFE-T Act, including the pretrial release portions addressed in the court’s decision will go into effect January first. Raoul said that includes the right of individuals awaiting criminal trials, those who have not been convicted of a crime and are presumed innocent, to seek release from jail without having to pay cash bail will go into effect in a few short days, despite the court’s ruling against those provisions. Raoul says Illinois residents in all counties should be aware that the circuit court’s decision has NO effect on their ability to exercise their rights that are protected by the SAFE-T Act and the Illinois Constitution.
Governor JB Pritzker issued a statement saying he was disappointed with the judge’s ruling. He says the ruling is a setback for the principles we fought to protect through the passage of the SAFE-T Act. Pritzker says the General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. The Governor adds we cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail.
State Senator Jason Plummer calls the circuit court decision good news for the people of Illinois and the law enforcement community that Illinois courts are challenging the dangerous mistakes of the Governor and his allies in the legislature. Plummer says there is no doubt more to come. He applauds the decision of the circuit court judge and will stand firm with the millions of Illinoisans who simply want to live in safe communities.
