Illinois Supreme Court upholds state law to end cash bail

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The Illinois Supreme Court upheld the ending of cash bail, saying that more than just monetary bail can be used to “ensure criminal defendants appear for trials.” In a 5-2 decision,

The SAFE-T Act was approved by the state’s General Assembly in January 2021 but was halted at the eleventh hour after a Kankakee County judgeThe lower court ruling was sent to the state’s Supreme Court, which overturned the ruling in a 5-2 decision.

However, plaintiffs can still be detained pending trial if they are “charged with any of the array of enumerated felony offenses and ‘poses a real and present threat to the safety of any person or persons or the community.'”The Illinois Supreme Court upheld the ending of cash bail, saying that more than just monetary bail can be used to “ensure criminal defendants appear for trials.

“The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail,” Raoul said.

In Spring 2020, the Illinois Supreme Court Commission on Pretrial Practices strongly endorsed bail reform, noting they found that a defendant who can’t afford bail sees his or her life unravel within days — loss of a job, loss of child custody, health problems without access to medication. Justices David Overstreet and Lisa Holder White dissented from the court’s ruling, saying the act is a “direct violation of the plain language of our constitution’s bill of rights and, more specifically, the bested rights of crime victims.”

 

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