Illinois Ban on Cash Bail in Hands of State's Supreme Court

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Illinois lawmakers’ effort to end cash bail is in the state Supreme Court’s hands after justices heard arguments on behalf of top Democrats, and a group of prosecutors and sheriffs challenging the law. The state Supreme Court ordered in January that the provision would not take effect as anticipated and agreed to an “expedited” review following a Kankakee County judge’s ruling that the General Assembly’s elimination of cash bail was unconstitutional. Brief arguments before the Supreme Court’s seven justices in Springfield on Tuesday largely centered on whether lawmakers have the authority to make such a sweeping change to pretrial procedures.

Illinois lawmakers' effort to end cash bail is in the state Supreme Court's hands after justices heard arguments Tuesday on behalf of top Democrats, and a group of prosecutors and sheriffs who are challenging the law.

Brief arguments before the Supreme Court's seven justices in Springfield on Tuesday largely centered on whether lawmakers have the authority to make such a sweeping change to pretrial procedures. The package, dubbed the SAFE-T Act, passed the General Assembly in January 2021 — and was later amended to increase the type of offenses still eligible for cash bail as the change came under intense criticism from some law enforcement officials and Illinois Republicans.

 

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