The Supreme Court of Illinois Voted 5-2 to uphold the controversial no cash bail provision in the Safety, Accountability, Fairness and Equity-Today Act (SAFE-T) signed into law by Governor J.B. Pritzker on January 22, 2021. The no-cash bail provision in the SAFE-T Act was scheduled to go into effect on January 1, 2023, but was put on hold because a Kankakee County Judge ruled the provision unconstitutional. The no-cash bail system will go into effect on September 18, 2023, making Illinois the first state in the Nation to end the cash bail system completely.
Henry County Sheriff, Sheriff Josh Verscheure, said the Sheriff’s Office will work with the Courts, Judges and State’s Attorney on a plan moving forward. Sheriff Verscheure said he doesn’t feel that the no-cash bail system is bad for the community. “We will continue to do all we can to keep Henry County safe but this will no doubt make things more difficult for us.” RegionalMediaNews has reached out to the Henry County State’s Attorney, Cathy Runty, and Deputy Chief Kijanowski from the Kewanee Police Department on their plans for the transition.
The Kewanee Police Department said they will “put forth our best efforts in keeping community member and crime victims safe regardless of the challenges faced when dealing with any law change”. The Kewanee Police Department has changed their procedures to reflect the new laws, with instructions provided by the Henry County State’s Attorney’s Office. The Kewanee Police Department, like many other police departments, issued Notice to Appears regularly prior to the ruling, “but officers were able to factor in different variables relating to the incident to make the best possible decision”. “The future unintended consequences of this ruling are unknown, but the Kewanee Police Department and other law enforcement agencies will navigate any challenges faced so we can continue to serve and protect our communities.”
Chief Justice Mary Jane Theis, Justices P. Scott Neville, Joy Cunningham, Elizabeth Rochford and Mary O’Brien voted in favor of the no-cash bail provision. Justices David Overstreet and Lisa Holder voted against it.
State Senator Neil Anderson (R-Andalusia) released the following statement: “While today’s ruling severely jeopardizes the safety of Illinois’ residents, it should come as no surprise that the highly political Illinois Supreme Court upheld this extremely dangerous and flawed law. In fact, the Democratic Majority just gerrymandered this very court to ensure it would consistently rule in their favor. Unfortunately, the people of Illinois are left with an ill-conceived law that puts the public at risk and fails to heed the warnings of law enforcement, prosecutors, and judges from all across the state, who have all spoken out against the negative impacts the SAFE-T Act will have on our communities. This is a sad day for our state.”
State Senator Win Stoller (R-Germantown Hills) issued the following statement: Without question, today’s ruling is both a disappointment and a step backwards in terms of protecting victims and their rights. This complete rewriting of our state’s criminal justice system once again follows the Majority Party’s trend of putting criminals above law enforcement and our overall public safety. “Sweeping legislation like this limits judges’ ability to make decisions and exercise necessary discretion based on the facts of the case before them. Our state as a whole will be far less safe once the SAFE-T Act takes full effect.”
Illinois Attorney General Kwame Raoul said “The court’s decision today holds – as my office has consistently advocated – that the General Assembly had the authority to eliminate cash bail and replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk. And it rejects the plaintiffs’ argument that courts must retain the authority to set cash bail free of legislative regulation – an argument that would have called into question decades of criminal justice reforms in our state.
“Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail. The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.”
