Ill. Supreme Court Puts Cashless Bail in State on Hold
By Thomas Geyer
Source Quad City Times, Davenport, Iowa
The Illinois Supreme Court on Saturday stayed the Pre-Trial Fairness Act portion of Illinois' SAFE-T Act until the high court has a chance to hear arguments and rule on its constitutional merits.
The court issued the stay in order that "consistent pre-trial" procedures would be maintained throughout the state pending a final decision by the high court.
On Wednesday, Kankakee County Chief Circuit Court Judge Thomas Cunnington ruled in a lawsuit filed by 65 counties that portions of the so-called SAFE-T Act were unconstitutional, specifically the bail reform and pre-trial release portions of the act.
Cunnington allowed other portions of the Safety, Accountability, Fairness and Equity-Today Act, such as body cameras and training for police, to stand.
Cunnington ruled that the Pre-Trial Fairness Act, or the cashless bail portion of the SAFE-T Act, was unconstitutional because it violates the separation of powers clause and the Victim Rights Act, and unconstitutionally amends Article 1, Section 9 of the Illinois Constitution because the voters were denied their right to vote on such amendments.
Additionally, Cunnington said that by eliminating monetary bail in all situations in Illinois, the act violates that portion of the state's constitution on crime victim's rights.
The SAFE-T Act, he said, "impairs the court's ability to ensure the safety of the victim and victim's family between the time the defendant fails to appear in court and the rule to show cause hearing, in violation of the Crime Victim's Bill of Rights.
"The court finds that setting an 'amount of bail' and the accompanying discretion accorded to the judge to ensure a defendant's appearance in court and for the protection of victims and their families has been stripped away in violation of the Illinois Constitution in violation of Article I, Section 8.1(a)(9) and the attempt by defendants in the Act is unconstitutional because it is an attempt to amend the Constitution in violation of Article XIV, Sec. 2."
Illinois Attorney General Kwame Raoul has filed an appeal to the Illinois Supreme Court.
While 65 counties joined in the suit, others waited to see the outcome.
For instance, Rock Island County was not part of the lawsuit. However, Rock Island County State's Attorney Dora Villarreal said on Thursday she filed an Emergency Petition for Temporary Injunctive Relief to prevent the pre-trial provisions from going into effect on Sunday.
Rock Island County's petition was consolidated with Whiteside County and Henry County, and a hearing took place Friday before Whiteside County Circuit Court Judge Stanley Steines.
"After arguments were made regarding the unconstitutionality and potential for immediate harm from the Pre-Trial Act, Judge Steines granted our request for emergency injunction," Villarreal said Friday.
"As a result, and until the Illinois Supreme Court provides further clarification, we will abide by this ruling and not implement the new bail reform that was set to commence this Sunday," she added.
"Our offices remain committed to following the law, protecting the rights of victims and all citizens that come before our courts," she said.
Other counties also filed petitions for injunctive relief in the wake of Cunnington's ruling so as to not have to abide by the Pre-Trial Fairness Act.
Other counties, such as Cook County, would have begun following the SAFE-T Act when it went into effect Sunday.
Villarreal said Saturday that she had heard the Illinois Supreme Court could hear the case sometime in March.
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