Attorney General Kwame Raoul filed the agreed motion setting the timeline for the high court's appeal of a lower court ruling that invalidated provisions of the SAFE-T Act criminal justice reform that would have eliminated cash bail on Jan. 1. The motion, Raoul's office wrote in its filing, had been agreed to by all parties in the case, scheduling briefs to be filed in January and February, with oral arguments to begin sometime in March.
Cunnington wrote in a 36-page decision that the cash bail provisions effectively and improperly amended a section of the state's constitution that states,"all persons shall be bailable by sufficient sureties," except in a few specific circumstances. The Constitution also specifically mentions bail in a section on victims' rights, when it states victims have a right"to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail." Cunnington found that eliminating bail prevents courts from"effectuating the constitutionally mandated safety of the victims and their families.
The measure that would replace cash bail, should the new law be allowed to take effect, would give judges greater authority to keep an individual incarcerated pretrial if they're accused of more serious offenses, but it would also limit the number of offenses for which pretrial detention can be ordered.
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