The Illinois Supreme Court has voted to remove cash bail completely after judges ruled that a landmark state law did not violate its Constitution.
A provision included in the state's controversial Safety, Accountability, Fairness, and Equity-Today (SAFE-T) Act was set to end cash bail starting on January 1.
Illinois Moves To End Cash Bail
However, it faced legal obstruction from prosecutors and sheriffs from dozens of counties who argued that the law was unconstitutional and only worked to diminish public safety and place law enforcement at risk.
In December, a Kankakee County judge ruled that the law was unconstitutional, whose decision was overturned by the state's highest court on Tuesday. With the new law, judges will not require suspects charged with crimes to post bail to leave jail while waiting for trial.
Suspects considered a threat to the public or individuals more likely to flee can still be required to remain in law enforcement custody. According to Fox News, Illinois' Supreme Court ruling means that the end to cash bail will take effect across the state starting on September 18.
In the ruling on Tuesday morning, Justice Mary Jane Theis wrote that the Illinois Constitution of 1970 did not mandate cash bail as the only means to ensure that criminal defendants appear for trials or as the only way to protect the public.
She added that the state Constitution balances defendants' and crime victims' rights. The pretrial release of the Act's provisions also set forth procedures commensurate with the balance she discussed.
It was Democratic Gov. J.B. Pritzker who signed the SAFE-T Act last year, and he recently released a statement where he celebrated the Supreme Court's ruling regarding the case. He said that he was pleased with the court's decision.
Unfair to Poor Defendants
In a statement, Illinois Attorney General Kwame Raoul said that a person's experience with the criminal justice system should not be based on their salaries. He added that the new law ensures that the decision to detain a person is not solely based on their ability to afford cash bail, according to NPR.
On the other hand, Justices David Overstreet and Lisa Holder, who both dissented from the ruling, said that ending cash bail directly violated the plain language of the state's Constitution's bill of rights.
The SAFE-T Act was enacted two years ago and resulted in several changes to Illinois' criminal justice system. The measure was introduced following the murder of George Floyd, a Black man, in the hands of a White Minneapolis police officer.
The end to cash bail has long been demanded by civil rights groups and some politicians, many of whom are Democrats. They have urged more ways for defendants to be released without paying up.
Critics have said that the bail system is unfair to defendants who are poor and those who risk losing jobs or homes if they cannot post bail, said the New York Times.
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