BREAKING: Cash bail will be eliminated in Illinois after justices rule SAFE-T Act provisions constitutional

BREAKING: Cash bail will be eliminated in Illinois after justices rule SAFE-T Act provisions constitutional

By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com

SPRINGFIELD – A landmark criminal justice reform that eliminates cash bail in Illinois is constitutional, the state’s Supreme Court ruled Tuesday, paving the way for the change to take effect Sept. 18. 

The 5-2 decision – handed down on partisan lines – means that an individual’s wealth will no longer play a role in whether they are incarcerated while awaiting trial. Judges can still order someone to be detained as they await trial, but the new system will be based on an offender’s level of risk of reoffending or fleeing prosecution, rather than their ability to afford bail. 

The list of offenses for which a judge can revoke pretrial release became a point of controversy in the two years following the law’s 2021 passage until it was amended in late 2022. Ultimately, lawmakers settled on a system that aims to divert lower-level nonviolent offenders from pretrial incarceration while giving judges greater authority to detain individuals they deem dangerous or at risk of fleeing prosecution.

A group of state’s attorneys and sheriffs challenged the law’s constitutionality based on the fact that the Illinois Constitution directly references “bail” in two sections, including one that states, “all persons” accused of crimes “shall be bailable by sufficient sureties.”

“The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public,” the majority wrote in their opinion. “Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance.”

The high court’s two Republican justices dissented. Justice David Overstreet, of the 5th District in southern Illinois, wrote in his dissent that he believed the General Assembly’s elimination of cash bail was “in direct violation” of the constitution’s bill of rights and another section of the document pertaining to crime victims’ rights.

“Therefore, this court has an absolute obligation to declare the pretrial release provisions of the Act to be invalid and unenforceable no matter how beneficial the abolishment of monetary bail may be,” Overstreet wrote, joined by Justice Lisa Holder White.

The law was scheduled to take effect on Jan. 1 of this year, but on Dec. 31 the justices issued an order postponing its implementation until they had time to rule on the case. Their Tuesday ruling noted that their stay will be lifted in 60 days, on Sept. 18.

This story will be updated.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

Leave a Comment





Local News

A statue from a monument lies on the ground at Resurrection Cemetery in Justice. (Photo by Carol McGowan)

EF1 tornado barrels through Justice and Bridgeview

Spread the love

Spread the loveBy Carol McGowan An EF1 tornado, packing winds of 90 miles per hour, swept through Justice and Bridgeview Monday night. Village of Justice Public Works Director Joe Cekus said he knew trouble was on the way. “I was looking in the sky for rotation and I heard a train,” he said. “I quickly…

Two pickup trucks in the 7400 block of Roberts Road in Bridgeview were destroyed by fire. (Photos by Steve Metsch)

Bridgeview family loses two pickup trucks, but house is saved

Spread the love

Spread the loveBy Steve Metsch A Bridgeview family in the 7400 block of Roberts Road knows first-hand the damage weather can do. When high winds hit around 9:30 p.m. Monday as a tornado blew through Justice, a cemetery and then into Bridgeview, two power lines were brought down near their bi-level house. One line fell…

Rihanna will open her first Savage X Fenty store in Illinois at Orland Square Mall on Friday. (Photo by Allie Baar)

Rihanna to open Savage X Fenty store in Orland Park on Friday

Spread the love

Spread the loveBy Bob Bong Barbados superstar Rihanna will open her first Savage X Fenty store in Illinois on Friday morning in Orland Square Mall in Orland Park. The singer, actor and businesswoman will open the store at the mall’s lower level near the Coach store at 10 a.m. Savage X Fenty will host a…

The Village of Palos Park encouraged residents to unplug their devices for a day at part of Unplug Illinois on July 13. (Supplied photo)

Palos Park encourages residents to unplug

Spread the love

Spread the loveBy Kelly White The Village of Palos Park encouraged residents to unplug their devices for a day at part of Unplug Illinois on Saturday, July 13. The day is a state-wide effort, started in 2014, to encourage everyone to “plug into” the amazing recreational opportunities offered by local park and recreation agencies. The…

Portillo's Hot Dogs (PRNewsFoto/Portillo's Hot Dogs)

Comings & Goings: Portillo’s coming to Orland Park

Spread the love

Spread the loveBy Jeff Vorva After the Orland Park Village Board voted Monday night to allow for a special use program, it set the wheels in motion for a Portillo’s Hot Dogs drive through to be built at 20 Orland Square Drive, the site of the shuttered Denny’s. It will be a 3,305-foot square building…

Orland Park Mayor Keith Pekau said that pre-concert problems caused by the weather on July 13 are fixable.
(Photo by Jeff Vorva)

Mayor says Centennial Park West concert snafus ‘easily solvable’

Spread the love

Spread the loveBy Jeff Vorva The weather gods hit Orland Park’s Pat Benatar concert with their worst shot. A major storm took place July 13 when the event at the refurbished Centennial Park West was scheduled to open the gates. That caused a delay in opening the gates for 40 minutes which resulted in massive…

reporter worth welcome sign

Worth approves $590,000 for street repairs

Spread the love

Spread the loveBy Joe Boyle A variety of projects ranging from street repairs and a new pump station for the golf course have been approved for the Village of Worth. A bid was awarded to Lindahl Brothers during the Worth Village Board meeting Tuesday night. Lindahl was the lowest bidder among four entries at $590,384.90 for future…

CRR_NH

Clear-Ridge Reporter and NewsHound July 17, 2024

Spread the love

Spread the love

Alumni Association members Heather Leininger, Emily Szymczak, Candice Mares and Miriam Cruz (at table) lead a crowd of LeaderShop alumni and community members waving posters saying Morals Matter, Demand Change, and Integrity for the Kids. (Photos by S. Kirchman)

LeaderShop alumni, board meeting turns testy at times

Spread the love

Spread the loveBy S. Kirchman The LeaderShop Alumni Association rallied under the pavilion at The LeaderShop office in La Grange for the board’s scheduled 6 p.m. meeting after it was switched from in-person to virtual earlier on Thursday. The Alumni Association consists of volunteers, previous staff members, former members of the board of directors, funders,…

Cleveland Cavaliers guard-forward Max Strus hits a 3-pointer last season over the Boston Celtics' Jaylen Brown. Photo courtesy of Max Strus

Hometown Hoops Hero: Stagg alum Max Strus discusses his rise through the NBA, hitting big shots and his annual youth hoops camp

Spread the love

Spread the loveBy Xavier Sanchez Correspondent A lot of changes have taken place for Max Strus during the past year. While the Cleveland Cavaliers guard has played in an NBA Finals and been featured as No. 1 on ESPN SportsCenter’s “Top Plays,” among other noteworthy events, the Stagg alum is the same homegrown kid who…

Neighbors

A statue from a monument lies on the ground at Resurrection Cemetery in Justice. (Photo by Carol McGowan)

EF1 tornado barrels through Justice and Bridgeview

Spread the love

Spread the loveBy Carol McGowan An EF1 tornado, packing winds of 90 miles per hour, swept through Justice and Bridgeview Monday night. Village of Justice Public Works Director Joe Cekus said he knew trouble was on the way. “I was looking in the sky for rotation and I heard a train,” he said. “I quickly…

Two pickup trucks in the 7400 block of Roberts Road in Bridgeview were destroyed by fire. (Photos by Steve Metsch)

Bridgeview family loses two pickup trucks, but house is saved

Spread the love

Spread the loveBy Steve Metsch A Bridgeview family in the 7400 block of Roberts Road knows first-hand the damage weather can do. When high winds hit around 9:30 p.m. Monday as a tornado blew through Justice, a cemetery and then into Bridgeview, two power lines were brought down near their bi-level house. One line fell…

Rihanna will open her first Savage X Fenty store in Illinois at Orland Square Mall on Friday. (Photo by Allie Baar)

Rihanna to open Savage X Fenty store in Orland Park on Friday

Spread the love

Spread the loveBy Bob Bong Barbados superstar Rihanna will open her first Savage X Fenty store in Illinois on Friday morning in Orland Square Mall in Orland Park. The singer, actor and businesswoman will open the store at the mall’s lower level near the Coach store at 10 a.m. Savage X Fenty will host a…

The Village of Palos Park encouraged residents to unplug their devices for a day at part of Unplug Illinois on July 13. (Supplied photo)

Palos Park encourages residents to unplug

Spread the love

Spread the loveBy Kelly White The Village of Palos Park encouraged residents to unplug their devices for a day at part of Unplug Illinois on Saturday, July 13. The day is a state-wide effort, started in 2014, to encourage everyone to “plug into” the amazing recreational opportunities offered by local park and recreation agencies. The…

Portillo's Hot Dogs (PRNewsFoto/Portillo's Hot Dogs)

Comings & Goings: Portillo’s coming to Orland Park

Spread the love

Spread the loveBy Jeff Vorva After the Orland Park Village Board voted Monday night to allow for a special use program, it set the wheels in motion for a Portillo’s Hot Dogs drive through to be built at 20 Orland Square Drive, the site of the shuttered Denny’s. It will be a 3,305-foot square building…

Orland Park Mayor Keith Pekau said that pre-concert problems caused by the weather on July 13 are fixable.
(Photo by Jeff Vorva)

Mayor says Centennial Park West concert snafus ‘easily solvable’

Spread the love

Spread the loveBy Jeff Vorva The weather gods hit Orland Park’s Pat Benatar concert with their worst shot. A major storm took place July 13 when the event at the refurbished Centennial Park West was scheduled to open the gates. That caused a delay in opening the gates for 40 minutes which resulted in massive…

reporter worth welcome sign

Worth approves $590,000 for street repairs

Spread the love

Spread the loveBy Joe Boyle A variety of projects ranging from street repairs and a new pump station for the golf course have been approved for the Village of Worth. A bid was awarded to Lindahl Brothers during the Worth Village Board meeting Tuesday night. Lindahl was the lowest bidder among four entries at $590,384.90 for future…

CRR_NH

Clear-Ridge Reporter and NewsHound July 17, 2024

Spread the love

Spread the love

Alumni Association members Heather Leininger, Emily Szymczak, Candice Mares and Miriam Cruz (at table) lead a crowd of LeaderShop alumni and community members waving posters saying Morals Matter, Demand Change, and Integrity for the Kids. (Photos by S. Kirchman)

LeaderShop alumni, board meeting turns testy at times

Spread the love

Spread the loveBy S. Kirchman The LeaderShop Alumni Association rallied under the pavilion at The LeaderShop office in La Grange for the board’s scheduled 6 p.m. meeting after it was switched from in-person to virtual earlier on Thursday. The Alumni Association consists of volunteers, previous staff members, former members of the board of directors, funders,…

Cleveland Cavaliers guard-forward Max Strus hits a 3-pointer last season over the Boston Celtics' Jaylen Brown. Photo courtesy of Max Strus

Hometown Hoops Hero: Stagg alum Max Strus discusses his rise through the NBA, hitting big shots and his annual youth hoops camp

Spread the love

Spread the loveBy Xavier Sanchez Correspondent A lot of changes have taken place for Max Strus during the past year. While the Cleveland Cavaliers guard has played in an NBA Finals and been featured as No. 1 on ESPN SportsCenter’s “Top Plays,” among other noteworthy events, the Stagg alum is the same homegrown kid who…