Illinois State Supreme Court puts 'SAFE-T' cash bail act on hold, one day before it was to start

Judge rules parts of Illinois SAFE-T Act 'unconstitutional'

Lots of reaction is pouring in after a judge ruled parts of Illinois' SAFE-T Act are unconstitutional.

CHICAGO - The Illinois Supreme Court announced on Saturday night that the state's cash bail system would not end on Sunday, January 1 – the day that the controversial SAFE-T Act was supposed to go into effect.

The emergency motion for supervisory order means that the court will decide later what should happen.

The SAFE-T Act, would have make Illinois the first state to eliminate cash bail, allowing some alleged criminals to be released on a promise to appear in court. On Wednesday, another judge had ruled parts of Illinois' controversial SAFE-T Act are unconstitutional.

Illinois SAFE-T Act: Heated debate ensues during veto session over controversial law

State Senate Democrats filed a trailer bill to the law this week, addressing concerns with the Pretrial Fairness Act.

Kankakee Judge Thomas Cunningham ruled in favor of the plaintiffs and held the Pre-Trial Fairness Act — specifically the bail reform and pre-trial release provisions — unconstitutional.

"It is important to note that the order issued today by the court is not a decision on the merits of the constitutionality of the SAFE-T Act, and I appreciate the court’s interest in expediting the appeal," said Illinois State Attorney General Kwame Raoul in a statement. "We look forward to mounting a robust defense of the constitutionality of the law and ensuring that it goes into effect across the state."

On Saturday, the Kane County State's Attorney's Office said in a press release: "Had the SAFE-T Act gone into effect on January 1, 2023, while litigation is pending, the administration of justice in Illinois would have been uneven, thus harming all the citizens of the State. Additionally, DuPage and Kane Counties, would have faced additional challenges as multiple municipalities are in multiple counties, some of which were bound by the pending litigation and others that were not."

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Chicago law professor reacts to Kankakee judge's SAFE-T Act ruling

Richard Kling from Chicago-Kent College of Law shares his perspective after a judge ruled Wednesday night that parts of Illinois' controversial SAFE-T Act are unconstitutional.

The judge ruled the SAFE-T Act violated the separation of powers and the Victims' Rights Act.

In October, dozens of lawsuits filed by state's attorneys in Illinois who were challenging the SAFE-T Act were consolidated in the Circuit Court of Kankakee County.