Illinois Supreme Court issues stay on ending cash bail
On Saturday, a portion of Illinois' counties were ready to enact the Pretrial Fairness Act — establishing a standard of cashless bail. That all changed in the hours leading up to New Year's Day as the Illinois Supreme Court issued a stay on the act, thus keeping cash bail alive in Illinois until further notice.
In a certified order released Saturday evening, the state's top court said it issued the stay to "maintain consistent pretrial procedures throughout Illinois."
Recently passed amendments to the PFA, receiving just enough support in the Democrat-dominated General Assembly, also will be suspended by the court's order.
Previous story:Illinois Pretrial Fairness Act ruled unconstitutional
The halting of the act's implementation comes days after a Kankakee County judge ruled in favor of a group of 60-plus state's attorneys suing the state on the act's constitutional grounds.
Sangamon County State's Attorney Dan Wright was among the prosecutors involved in the consolidated case, which named Gov. JB Pritzker, Attorney General Kwame Raoul, Senate President Don Harmon and House Speaker Emanuel "Chris" Welch as defendants.
At that point, it appeared counties that were not represented in the lawsuit would be able to move forward with ending cash bail. Some counties such as Peoria County, however, decided prior to the court's order to keep cash bail in place.
To clarify who the ruling applied to, state's attorneys in DuPage and Kane counties had requested the state's highest court to order consistent pretrial rules regardless of whether counties were party to the suit.
Raoul announced Friday that his office has already appealed the ruling from Kankakee County Circuit Judge Thomas W. Cunnington to the state Supreme Court. Cunnington is the chief judge of the state’s 21st Judicial Circuit.
"It is important to note that the order issued today by the court is not a decision on the merits of the constitutionality of the SAFE-T Act, and I appreciate the court’s interest in expediting the appeal," said Raoul in a statement regarding the state Supreme Court's ruling. "We look forward to mounting a robust defense of the constitutionality of the law and ensuring that it goes into effect across the state.”
The PFA is part of the 764-page SAFE-T Act, signed into law by Pritzker in February 2021, which requires all police departments in the state to have body cameras by 2025 and installs new training protocols for law enforcement.
Specifically, it permits judges to hold a defendant in pretrial detention if they meet either the public dangerousness or willful flight standards. It has long been contested by Republicans, especially leading up to the midterm elections, as they claimed it would allow violent criminals to roam the streets. Supporters say it creates a more equitable criminal justice system.
Raoul said it was important to note that the order issued by the court is not a decision on the merits of the constitutionality of the SAFE-T Act.
"I appreciate the court’s interest in expediting the appeal," he said. "We look forward to mounting a robust defense of the constitutionality of the law and ensuring that it goes into effect across the state.”
The Illinois Network for Pretrial Justice is among those proponents of the PFA and urged the state Supreme Court to move quickly to reverse the Cunnington decision and "prevent any more Illinoisans from being forced to pay a ransom to free their loved ones from jail while they await trial."
This article originally appeared on State Journal-Register: Implementation of Pretrial Fairness Act halted by Illinois Supreme Court
