It’s unclear if Marion County law enforcement will begin making arrests under the provisions of the new SAFE-T Act when it takes effect at midnight on New Years’ morning.
Marion County State’s Attorney Tim Hudspeth made an emergency effort to receive a temporary restraining order Friday morning to join 65 other counties covered by a Judge’s order that found a portion of the law unconstitutional. But after hearing arguments from attorneys from the Attorney General, Governor, and Senate President’s office, Judge Jeff Delong took the issue under advisement. He initially indicated he would make a ruling later in the day on Friday, but later indicated in a judicial entry it was under advisement until further notice.
Hudspeth told the court he was seeking the order so Marion County had equal protection and status quo with the 65 other counties where the cash bail system had been ruled unconstitutional. But Assistant Attorney General Richard Reese argued the action Hudspeth sought was not appropriate and questioned why Hudspeth had sat on his hands and waited until the final day of court before the provision went into effect to file an emergency action. Reese called the action frivolous but he was taking the motion seriously. Hudspeth noted he had been studying the law and considerable changes made by the legislature on December first.
It’s unclear when Delong will issue a ruling, but a status hearing has been set in the case for next Thursday at ten am.
Marion County Sheriff Kevin Cripps is waiting for direction from Hudspeth, the top law enforcement officer in the county, on how they should handle the new cash bond procedures with the current uncertainty over the constitutionality of the law. In addition to giving direction to his deputies, Cripps is concerned about procedures at the jail for new prisoners. Hudspeth so far has been unavailable for comment.
In other developments of the SAFE-T Act, Illinois Attorney General Kwame Raoul has filed paperwork with the state Supreme Court to appeal a local judge’s ruling that eliminating cash bail for criminal defendants is unconstitutional. Raoul’s notice of appeal requests the high court reverse Wednesday’s ruling by Kankakee County Circuit Judge Thomas Cunnington. Cunnington ruled that the General Assembly overstepped its authority by eliminating cash bail in the so-called SAFE-T Act criminal justice overhaul.
The Illinois Supreme Court early Saturday night halted the law from taking effect pending review of its constitutionality.
