A Kankakee County judge has found a key provision of Illinois’ sweeping criminal justice law is unconstitutional, potentially rolling back a controversial measure that would eliminate the use of cash bail as of New Year’s Day, according to a copy of the judge’s ruling obtained by the Tribune.
State Reps. Will Guzzardi and Jehan Gordon-Booth celebrate after the House passed changes to the criminal justice law known as the SAFE-T Act, at the Illinois State Capitol on Dec. 1, 2022, in Springfield.
A Kankakee County judge has found that a key provision of Illinois’ sweeping criminal justice law is unconstitutional, potentially rolling back a controversial measure that would eliminate the use of cash bail as of New Year’s Day, according to a copy of the judge’s ruling obtained by the Tribune. The judge’s ruling affects only the pretrial release provisions of the law, known as the SAFE-T ACT, leaving all other measures intact. Judge Thomas Cunnington is expected to file his ruling Thursday morning.Cunnington’s decision stems from a lawsuit filed by about 60 State’s Attorney’s across Illinois. The ruling states that Gov. J.B.
“In eliminating monetary bail, the discretion constitutionally vested to the courts to protect victims and their families by this method is gone,” Cunnington’s 35-page opinion states. “The constitutional requirement of bail is meant to help ensure victims’ safety, the defendant’s compliance with the terms of release, and the defendant’s appearance in court. The Act instead leaves courts with no ‘amount of bail’ to fix and confines the court to legislatively enacted standards for detention.
The ruling represents a victory for opponents of the 764-page law, who’ve long argued that the no-cash bail policy would drastically limit the a judge’s ability to detain dangerous criminals ahead of their trial.
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