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Illinois SAFE-T Act: Cash bail elimination put on hold by state Supreme Court

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Published  January 2, 2023 4:58pm CST
Illinois Politics
FOX 32 Chicago

SAFE-T Act: Cash bail elimination put on hold by Illinois Supreme Court

A last-minute decision by the Illinois Supreme Court has sent the Attorney General's office scrambling.

CHICAGO - The Illinois Supreme Court has put on hold — for now — a controversial provision of the SAFE-T Act that would have ended cash bail across the state.

So, what happens now? We talked to a legal expert who says it could be some time before we know the future of cash bail in Illinois.

"The Illinois Supreme Court said we’re going to take this case," said lawyer and legal analyst Karen Conti, who added she is not surprised by the court’s decision.

In 2022, Illinois lawmakers passed the controversial SAFE-T Act which, among other things, eliminates cash bail in Illinois. Advocates argued cash bail unfairly impacts minorities and poor people, sometimes keeping them locked up for petty offenses.

But last week, a Kankakee County judge agreed with state’s attorneys in 65 Illinois counties who filed a lawsuit arguing that eliminating cash bail is unconstitutional.

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"If the legislature wants to make the changes in the SAFE-T Act regarding no cash bail, it looks to me like they would have to issue a referendum, and have the people decide whether or not they want to amend the constitution to provide for it," Conti said.

After the Kankakee judge’s decision, the Supreme Court stepped in hours before the law was set to take effect and put the law on hold, concerned that having different pretrial rules in different Illinois counties would create chaos.

"The Supreme Court said we’re going to stay all provisions regarding the SAFE-T Act that has to do with cash bail until we, the Illinois Supreme Court, decide the issue," Conti said.

Conti said it will likely take the Supreme Court at least a week or two to make that decision, possibly longer if oral arguments are involved. And no matter what they decide, the cash bail question may still not be resolved.

"I don’t think the Illinois Supreme Court is the last stop for this law. Remember, this is the first time a law like this has been passed in the United States. So whatever the ruling is, whoever doesn’t like this ruling, you are sure they’re going to appeal it to the US Supreme Court," Conti said.