Kendall County State’s Attorney applauds ruling striking down cashless bail law

Kendall County State’s Attorney Eric Weis is applauding a judge’s ruling striking down the cashless bail component of the SAFE-T Act as unconstitutional.

Weis and county state’s attorneys from around Illinois filed lawsuits challenging the constitutionality of the Safety, Accountability, Fairness, Equality-Today Act, set to take effect on Jan. 1, 2023.

The lawsuits were consolidated into a single case argued before a Kankakee County judge, who ruled on Dec. 28 that the pre-trial fairness portion of the law is both unconstitutional and violated the separation of powers principle that prevents one branch of government from interfering with the functions of another.

“The General Assembly overstepped the authority of the judiciary,” Weis said. “We’re very happy with the ruling but realize this is just step one in a longer process.”.

Much of the act, including requirements for police training and use of body-worn cameras remain in place and will take effect with the new year, Weis said.

However, the cashless bail portion of the law, which Weis said would handcuff judges when determining whether someone charged with a crime may be held in jail, is now in a kind of legal limbo.

The Illinois Supreme Court could bring some clarity as early as today, Weis said, when Illinois Attorney General Kwame Raoul is expected to file an appeal.

The high court essentially has three options, Weis said.

Justices could place a stay on the cashless bail law, preventing its implementation until they rule on the merits of the case. Weis said this would be the best option.

Or, the high court could place a stay on the lower court’s ruling, allowing the cashless bail law to go into effect as scheduled.

Finally, the justices could decide to do nothing until it hears the case. This option would result in a piecemeal approach to the cashless bail law’s implementation, Weis said.

In the 65 counties that were parties to the lawsuit, the cashless bail law would not take effect. In the other 47 counties, individual state’s attorneys would need to seek temporary restraining orders from a local circuit judge.

Concerns about the law resulted in amendments that were approved by lawmakers and signed by Gov. JB Pritzker during the fall veto session.

The amendments added to the list of offenses for which a person may be detained, including aggravated battery and aggravated drunken driving involving a death.

Prosecutors would need only show that an offender represents a threat to the community at-large, rather than just a single identifiable individual, in order to be held.

In addition, the amended law also allows for arrest warrants to be issued for those who fail to appear in court, changing a provision of the original act that had drawn considerable criticism.

Weis and 57 other county state’s attorneys from Illinois filed lawsuits challenging the act before the trailer bill and its amendments were introduced and signed by the governor. More counties joined the legal action later.

The sweeping SAFE-T Act is more than 750 pages and includes a variety of policing and judicial reforms. Under the Illinois Constitution, only appropriations bills are exempt from a requirement that a piece of legislation must be confined to a single subject.

The complaint also alleges that the cashless bail system violates protections for crime victims included in the state constitution.