West Central Reporter

After plenty of fanfare and turmoil, a long-awaited decision by The Illinois State Supreme Court came out on July 18 that says ending cash bail, part of the SAFE-T Act touted by Democrats and opposed widely by Republicans, is constitutional. State Rep. Travis Weaver (R-Edwards) reacted on his website, voicing his opposition due to his opinion that it will increase crime and make neighborhoods less safe.

“I am very disappointed to see that No Cash Bail has been upheld by the Illinois Supreme Court," said Weaver. "This places criminals back on the streets after they’ve been arrested, putting you and your family in danger. We need strong and effective legislation that holds offenders accountable and keeps our communities safe, especially at a time when criminals are emboldened due to the Democrat-championed SAFE-T Act.”

Supreme Court documents show that a previous ruling in December 2022 called the SAFE-T Act unconstitutional. The act contains the no cash bail provision among other aspects related to training of law enforcement. 

A ruling by Justice Mary Jane Theis said on July 18 said: “The Illinois Constitution of 1970 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. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance. For the reasons that we have stated, we reverse the circuit court’s decision to grant summary judgment in favor of plaintiffs.".

The SAFE-T Act not only eliminates cash bail, but also makes changes to how use of force must be reported or handled. The act expands officer training on crisis intervention, de-escalation, use of force, high risk traffic stops and more. It requires that use of force be reported to the FBI National Use of Force Database, and also mandates officers to intervene if other officers use unauthorized or excessive force, according to The Illinois Criminal Justice Authority page on the SAFE-T Act. The act also creates a decertification process for officers found guilty of complaints and misconduct, allows for investigations of anonymous complaints against officers, and creates a certification and decertification process.

The end of cash bail was the most controversial part of the law that was signed into law by Gov. J.B. Pritzker in 2022. According to ABC 7 Chicago, Quickly after he signed he was met with opposition from government officials, law enforcement officials and attorneys. The law was put on hold but on July 18, with a 5-2 vote, it was called constitutional despite the efforts of those opposing with lawsuits saying otherwise. Senate Republican Leader John Curran told the news outlet that he feels this puts judges in a bad spot where they will need to only detain people with specific felonies.

ABC 7 Chicago reported that this act go into effect on September 18.