The Illinois Supreme Court has stayed the implementation of the entire Pretrial Fairness Act pending an appeal of the constitutionality of the law.
Marion County State’s Attorney Tim Hudspeth says that means cash bond procedures will remain in effect until further order of the Supreme Court.
“By the Supreme Court issuing those orders, statewide you have uniformity, you have clarity, and everyone knows what we are going to be doing. That is business as usual. The cash bail system will completely stay in place. There will be no changes.”
Hudspeth has notified Marion County Sheriff Kevin Cripps, Salem Police Chief Kyle Ambuehl, and Centralia Police Administrative Lieutenant Steve Whritenour not to implement any of the changes in the Pretrial Fairness Act.
In its order, the Supreme Court said the stay was necessary to maintain consistent pretrial procedures while the constitutionality of the law is reviewed. Hudspeth says the Supreme Court went further and stayed the entire Pretrial Fairness Act pending the review.
“Frankly, I think that is wise. This is one very large piece of legislation. To have it piecemealed into effect I think would just further the chaos we were expecting tomorrow (New Year’s Day) with different rulings and different stances from various counties.”
Hudspeth anticipates the Supreme Court review of the constitutionality of the law will take at least several months to complete.
Just before the Illinois Supreme Court Emergency Motion was released late Saturday afternoon, Circuit Judge Jeff DeLong granted Hudspeth’s temporary restraining order to allow Marion County to join the other 65 counties covered by Cunnington’s ruling that portions of the cashless bond law were unconstitutional. The Judge had taken the TRO under advisement after hearing arguments in Marion County Court on Friday. Once the Supreme Court issued its ruling, the temporary restraining order was no longer needed.
Attorney General Kwame Raoul noted his office filed an appeal with the Illinois Supreme Court because in this matter, only the Supreme Court’s final decision on the merits will be binding on all Illinois courts. Raoul says it is important to note that the order issued Saturday is not a decision on the merits of the constitutionality of the SAFE-T Act and he appreciates the court’s interest in expediting the appeal. He says they also looks forward to mounting a robust defense on the constitutionality of the law and ensuring that it goes into effect across the state.
Marion County Sheriff Kevin Cripps says he’s glad the uncertainty on if the law would go into effect at midnight New Year’s morning is over and the issues will be sorted out. Since he has taken the oath of office to uphold the law, Cripps didn’t think he could support the Pretrial Fairness Act when a judge had ruled it unconstitutional.
Centralia Police Administrative Sergeant Steve Whritenour says after conversations with both the Marion and Clinton County State’s Attorney it will be business as usual. The department had implemented some new internal arrest procedures, but as of now, they are going to continue to take people to jail for felony cases and some misdemeanor cases, including domestic battery. Whritenour says the department greatly appreciates the States Attorney’s reaching out and giving them up-to-the-minute guidance on the issue.
