SPRINGFIELD, Ill. – Lawmakers and organizations across the state reacted to the Illinois Supreme Court’s ruling Tuesday that eliminating cash bail is constitutional.
The justices ruled 5-2 along partisan lines. The ruling means that a person’s wealth will no longer play a role in determining whether or not they are jailed before a trial. It will now be determined by the offender’s risk of fleeing or reoffending.
The change will take effect on Sept. 18th.
Governor J.B. Pritzker says he was pleased with the ruling. “We can now move forward with historic reform to ensure pretrial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail,” Pritzker said.
The governor also thanked Illinois Attorney General Kwame Raoul for their work on the provisions. Raoul made his own statement, saying that the court’s decision reaffirms that the General Assembly had the authority to eliminate cash bail.
“Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail,” Raoul said. “The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.”
The Illinois Fraternal Order of Police made a statement from President Chris Southwood against the ruling, saying it “confirms Illinois’ status as the state of lawlessness and disorder.” Southwood says the ruling is a “slap in the face to those who enforce our laws and the people those laws are supposed to protect.”
Peoria-area legislators also reacted to the ruling. State Representative Jehan Gordon-Booth (D-Peoria) says the ruling reflects the “hours of careful consideration” spent in crafting the legislation.
“It is by attacking these ills that we see in our communities with a strategy that is based, not on economics and what one can afford, but one that is based on true equity and understanding what it means to bring true holistic safety to our communities across the state,” Gordon-Booth said.
State Senator Win Stoller (R-Germantown Hills) called the ruling a “disappointment” that is a “step backwards” in protecting victims.
“This complete rewriting of our state’s criminal justice system once again follows the Majority Party’s trend of putting criminals above our law enforcement and our overall public safety,” Stoller said.
Republican Congressman Darin LaHood (R-Dunlap) tweeted that the ruling was “misguided.” He says Governor Pritzker’s “soft-on-crime” policies, such as ending cash bail, stops cops from keeping communities safe.
— Governor JB Pritzker (@GovPritzker) July 18, 2023
Under Governor JB Pritzker, Illinois has become less safe and violent crime is on the rise. Instead of giving law enforcement the tools they need to go after criminals, Pritzker’s soft-on-crime policies, like ending cash bail, hinder cops from keeping communities safe.
— Darin LaHood (@RepLaHood) July 18, 2023
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