The Illinois Supreme Court upheld a provision of the Pretrial Justice Act on the Safety, Accountability, Equality, Transparency Act today, meaning bail will be waived in Illinois within 60 days, a major win for the criminals.
The elimination of cash guarantees in Illinois was due to go into effect on Sunday, January 1, 2023, but the state’s highest court stopped the reform.
Democrats in Illinois pass a new law to abolish the bail system. The new law aims to reform the country’s criminal justice system.
This would result in the pending release of those charged with certain crimes, such as “second-degree murder, aggravated battery, and arson without bail, as well as murder, kidnapping, robbery, drug-induced robbery, intimidation, aggravated DUI.” aggravated, aggravated escape and evasion, drug offenses and threatening public officials.”
Democratic Governor JB Pritzker signs HB 3653 THE SAFE-T (Safety, Accountability, Justice and Equality-Today) ACT became law in February, saying “Change the system of pretrial detention so that low-income people are not put behind bars while only the rich go free, diverting increased drug crimes into substance treatment programs and reduce excessive prison time.”
Republican Mayor of Orland Park, Keith Pekau, said in a press conference earlier this year that the new law would deny victims constitutional rights.
“This waived bail for almost every breach,” said Pekau. “These include, but are not limited to, kidnapping, armed robbery, second-degree murder, drug-induced homicide, aggravated DUI, threatening public officials, and escape and evasion.”
“Perpetrators who are released under electronic monitoring must commit an offense for 48 hours before law enforcement can act. They could almost drive to Alaska before we could even find them,” he said.
“It denies the victim’s constitutional rights. And remember this, businesses and homeowners will no longer be able to get intruders out of your residence or business. Someone could decide to stay in your warehouse, and all we can do is give them a ticket. You have to decide what level of force is needed to remove it and whether it is legal or not. This poses a grave threat to the residents of Orland Park, Cook County in Illinois,” Pekau warned.
Earlier this year, a Kankakee, Illinois County judge ruled that as part of Safety, Accountability, Fairness, and Equality-Today, SAFE-T Act, violated the Illinois Constitution.
“Since, as the Illinois Supreme Court has determined, the administration of the justice system is an inherent power of the courts that cannot be violated by the legislature and bail arrangements are within that administrative power, the eligibility of bail rests with authority. court and cannot be determined by statutory regulations.” Judge Cunnington wrote in his decision.
On Tuesday, the Illinois Supreme Court overturned the lower court’s ruling on the grounds that ending bail was constitutional.
“The 1970 Illinois Constitution does not mandate that bail is the only way to ensure criminal defendants appear in court or the only way to protect the public,” the court concluded. “Our constitution strikes a balance between the individual rights of defendants and the individual rights of victims of crime. The pretrial release provisions in the law regulate procedures commensurate with this balance. For the reasons we have stated, we reversed the circuit court’s decision to award a short decision in favor of the plaintiffs,” according to the Supreme Court’s opinion in Rowe v. Raoul.
Cash guarantees will be waived in Illinois starting September 18, 2023.
Read the full opinion below: