Illinois Supreme Court throttles 'cashless bail' law
The Illinois Supreme Court on New Year's Eve delayed implementation of cashless bail across the state, which was set to go into effect Sunday, New Year's Day.
No cash bail, part of the Pretrial Fairness Act, was included in the controversial SAFE-T Act passed by the Democratic-controlled legislature and signed by Gov. J.B. Pritzker in early 2021.
Dozens of states' attorneys, sheriffs and counties challenged the constitutionality of the cashless bail provision in lawsuits across Illinois. The lawsuits were consolidated, and a Kankakee County judge sided with plaintiffs this week. But the judge's ruling only halted implementation in the 64 counties that brought suit, creating confusion in other parts of the state.
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Kankakee Judge Thomas Cunningham said the SAFE-T Act violated the separation of powers and the Victims' Rights Act, noting that the Illinois Supreme Court previously ruled that judges have “independent, inherent authority to deny or revoke bail to ‘preserve the orderly process of criminal procedure.’”
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In states where similar have been put into effect crime has skyrocketed with some criminals committing even more crimes on the day they are released. It has been a disaster where it has been implemented.
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