Illinois Supreme Court Rules in Favor of Eliminating Cash Bail, Says its Constitutional, Dealing a Blow to SAFE-T Act Opponents

By Illinois Review

On Tuesday morning, the Illinois Supreme Court ruled that the cashless bail provision under the SAFE-T Act is constitutional in a 5-2 decision, after more than 65 states attorneys filed lawsuits late last year arguing that the elimination of cash bail was unconstitutional in Illinois.

In the majority opinion, Supreme Court Chief Justice Mary Ann Theis wrote that the Illinois Constitution “does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public.”

In a statement released moments after the ruling, Gov. JB Prtizker, who is in the United Kingdom this week leading a trade mission, said,

“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail. My thanks to Attorney General Raoul’s office and the many people who worked tirelessly over the last months to defend these important reforms. I look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.”

Under the provision, judges can make a determination and keep defendants behind bars if they pose a threat, a security risk, or if they are likely to flee before their trial – but many have argued that such a provision violates the separation of powers and could return violent criminals back into their communities as they await trial.

Illinois remains the only state in the country with a provision to end cash bail.