\n\u201cThe 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. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act\u2019s pretrial release provisions set forth procedures commensurate with that balance,\u201d Justice Mary Jane Theis wrote in the ruling.<\/p>\n<\/blockquote>\n\n
The controversial SAFE-T Act was passed by Illinois lawmakers in 2022. The act lets judges decide who gets pretrial release and who has to remain in custody. Advocates of the bill argued that the cash bail unfairly impacted minorities and poor people, keeping them locked up for petty offenses.\u00a0<\/p>\n
Republican Justices David Overstreet and Lisa Holder White dissented from the ruling, calling the end to cash bail a \u201cdirect violation of the plain language of our constitution\u2019s bill of rights and, more specifically, the vested rights of crime victims.\u201d<\/p>\n
\n\u201cThe people of Illinois exercised their ultimate sovereign power in 2014 when they vested crime victims with constitutionally protected rights. They did so by amending the bill of rights in our state constitution, setting out specific enumerated rights to be enjoyed by all crime victims in this state. Those enumerated rights include the explicitly defined right to have their safety and the safety of their families considered by the courts in \u2018denying or fixing the amount of bail,’\u201d Overstreet wrote.<\/p>\n<\/blockquote>\n
Governor J.B Pritzker (D-Ill.) was pleased that the Supreme court upheld the constitutionality of the new act<\/p>\n
\n\u201cI\u2019m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail. My thanks to Attorney General Raoul\u2019s office and the many people who worked tirelessly over the last months to defend these important reforms,\u201d Pritzker said. \u201cI look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.\u201d<\/p>\n<\/blockquote>\n\n
Law enforcement officials across the state have argued that the law would let dangerous criminals be out on the streets, threatening public safety.\u00a0<\/p>\n\n\n
\nToday, the Illinois Supreme Court erased the rights of crime victims by upholding the Pritzker SAFE-T Act, which will release dangerous prisoners onto our streets and make it even harder for law enforcement to protect our communities.<\/p>\n
\u2014 Rep. Mary Miller (@RepMaryMiller) July 18, 2023<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n\n
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