Judge rules bail reform, pre-trial release provisions in Illinois' SAFE-T Act unconstitutional

SPRINGFIELD, Ill. - A judge ruled Wednesday night that parts of Illinois' controversial SAFE-T Act are unconstitutional.

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.

According to Kane County prosecutors, this means pre-trial release provisions and bail reform will not go into effect Jan. 1 in the 65 counties that were part of the lawsuit. 

It will still take effect in counties that were not part of the lawsuit — including Cook County.

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.

The SAFE-T Act, set to take effect Jan. 1, would make Illinois the first state to eliminate cash bail, allowing some alleged criminals to be released on a promise to appear in court.

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Illinois Gov. J.B. Pritzker released the following statement in response to the ruling:

"Today’s ruling is a setback for the principles we fought to protect through the passage of the SAFE-T Act. The General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. We cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail. I thank the Attorney General for his work on this case and look forward to the Illinois Supreme Court taking up the appeal as soon as possible."