West Central Reporter

Schuyler County State's Attorney Chuck Laegeler is disappointed in the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act. 

On July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state in the nation to eliminate cash bail. Following the ruling, cashless bail can be applied to even the worst crimes such as murder and rape. The Act was opposed by 100 of 102 state attorneys in Illinois, 64 of which signed on to litigation to stop the law. 

“Yesterday, the Illinois Supreme Court upheld the constitutionality of the Pretrial Fairness Act, also known as the Safe-T Act,” Laegeler said in a statement. “As a result, the cash bail system will be eliminated in the State of Illinois in 60 days time. The decision was rendered on party lines. The dissent, written by Justice David Overstreet and joined by Justice Lisa Holder White, provides a compelling explanation of the conflict between the Illinois Constitution and the Safe-T Act. It is important that we elect folks like Justice Holder White who hold fast to their oath to uphold the Constitution to the high bench. Remember that at the ballot box in November 2024.”

Laegeler was one of the 100 state attorneys who have expressed their stand against the Act, as previously noted by West Central Reporter. 

“I have spoken on the dangers of the SAFE-T Act before and went as far as to obtain an injunction in January of this year to protect our current bail system," Laegeler stated. " It is my belief, as well as that of scores of other State's Attorneys, Sheriffs, legislators, and citizens, that cash bail is in important tool for our criminal justice system that not only ensures an accused's cooperation in the judicial process but also and importantly -protects victims of crimes. While I am disappointed the Democratic majority of the Illinois Supreme Court upheld the elimination of this important tool, we will persevere.”

The Schuyler County state's attorney mentioned he is in discussions with their local law enforcement and judicial staff regarding new procedures to implement the law and several more conversations are expected in the days to come. 

"I cannot believe the faction of legislators who hurriedly pushed this legislation through considered or understood the extreme adversity and difficulties small, rural counties like Schuyler will face in attempting to implement the mandates of the Safe-T Act. Nevertheless, I along with local law enforcement will work tirelessly and diligently to keep our citizens safe in view of this new law,” Laegeler added. “I anticipate a deluge of news articles, social media posts, and rumors about the mandates of the new law. To prevent misinformation, I will soon be hosting a town hall event to discuss the new procedures and how they will affect the individual citizens of Schuyler County and the County as a whole. I will be happy to answer any and all questions that folks have about this issue. Please continue to check my Facebook page for updates on this event.”

In the historic decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state to eliminate cash bail. The 5-to-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new bail rules take effect.

Gov. J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000, The Heartlander reported. Both justices voted in favor of reinstating cashless bail in the SAFE-T Act. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth with the nonpartisan Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases, they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

After the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act. They express concerns that eliminating cash bail could endanger residents, narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, which according to KHQA would be on Sept. 18.