Illinois Supreme Court Upholds Historic Ruling Ending Cash Bail
In a groundbreaking decision, the Illinois Supreme Court has upheld the state’s law to eliminate cash bail, making Illinois the first state in the nation to take this bold step. The ruling, which came after a legal battle, will go into effect in 60 days, on September 18, 2021.
The court’s 5-2 decision overturned a lower court ruling that deemed the law unconstitutional. The elimination of cash bail was a crucial provision of the SAFE-T ACT, a comprehensive criminal justice reform bill signed into law by Governor J.B. Pritzker in early 2021. Originally scheduled to take effect on January 1, 2023, the provision faced numerous lawsuits from prosecutors and sheriffs in 64 counties, who claimed it violated the constitution. However, last December, a judge ruled in their favor, prompting the state to appeal the decision.
Chief Justice Mary Jane Theis, writing for the majority, emphasized that the Illinois constitution does not require monetary bail as the sole means of ensuring defendants’ appearance in court or protecting the public. The ruling aims to strike a balance between defendants’ rights and the rights of crime victims. Justices David Overstreet and Lisa Holder White dissented, contending that the abolition of cash bail violates the constitution and undermines the rights of crime victims.
Critics of the cash bail system argue that it disproportionately affects poor defendants, who often languish in jail for extended periods before their trials, regardless of their potential threat to society. Under the new law, defendants will no longer be required to pay a specific amount to secure their release before trial. However, judges can order their detention if they pose a danger to the public, are a flight risk, or face serious felony charges.
Illinois Attorney General Kwame Raoul, who defended the end of cash bail against legal challenges, expressed his satisfaction with the court’s ruling. Raoul stated that the decision affirms that the General Assembly had the authority to replace cash bail with a system that detains individuals only if they pose a threat to society or are likely to flee.
The Illinois Fraternal Order of Police criticized the decision, claiming that it perpetuates lawlessness and disorder in the state. Meanwhile, the Cook County public defender’s office indicated that it cannot provide an exact number of detainees who will be released on September 18 due to the lack of a centralized statewide data collection system.
Republican John Curran, the state Senate’s minority leader, urged the Democratic-led legislature to convene a special session before September 18 to address the concerns raised by opposing police and prosecutors. While emphasizing the need to reform the cash bail system, Curran expressed his belief that public safety should not be compromised by the implementation of this legislation.
Other provisions of the SAFE-T Act, such as body camera requirements for police departments and new training mandates, became effective on January 1, 2021, as planned.
Overall, the Illinois Supreme Court’s ruling on ending cash bail marks a significant milestone in criminal justice reform, setting a precedent that may inspire other states to follow suit.
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