The ruling by 21st Judicial Circuit Chief Judge Thomas Cunnington in late December found that the pretrial release portions of the SAFE-T Act violate the separation of powers clause of the Illinois Constitution, and would not take effect in 64 counties that had sued to block the abolishment of cash bail.
Kankakee County State's Attorney Jim Rowe, who led the lawsuit that led to Cunnington's ruling, weighed in on the Illinois Supreme Court decision Tuesday morning. Hemmer also argued the Illinois General Assembly has the right to regulate pretrial procedures – and are not constrained by the state Constitution from doing so.
"They literally tried to drive the reform by following 764 pages of directions at 4 a.m., in the middle of the night, in the dark, with an hour to get there," he said. While the SAFE-T Act brings an end to cash bail in Illinois, Theis noted that judges still have the ability to decide whether criminal defendants should remain in custody ahead of trial.
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