Henry County Joins Neighboring Counties with Restraining Order Against the SAFE-T Act


Henry County State’s Attorney, Cathy Runty, filed a Restraining Order and Preliminary Injunction against the Implementation of the Pre-Trial Release Provisions of the SAFE-T (Safety, Accountability, Fairness and Equity-Today) Act.  On December 30, 2022, State’s Attorney Runty released a statement that Henry County’s request was consolidated with similar requests from Whiteside and Rock Island counties.  Judge Steines granted the request for a Temporary Restraining Order and Preliminary Injunction.  The pre-trial release provisions of the SAFE-T Act will not go into effect in Henry County on January 1, 2023.   On December 28, 2022, a Kankakee County Judge found the bond reform and pre-trial release provisions of the SAFE-T unconstitutional.  The Pre-Trial Fairness Act is a section of the SAFE-T Act that would end cash bonds.  Further hearings on the matter will be set through Court Administration.

According to a news release from the Office of the Kankakee County State’s Attorney, Jim Rowe, the provisions will not go into effect in the 65 counties throughout Illinois that were parties in the lawsuit. The Illinois Supreme Court has since entered an order staying the implementation of the Pre-Trial Fairness Act Statewide during the appeal. The other provisions of the SAFE-T Act, such as body cameras, training and more were upheld.  Judge Thomas W. Cunnington held the SAFE-T Act unconstitutional on the basis that it violates the separation of powers clause, 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.

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