Illinois became the first state in the country to eliminate cash bail. This rule granted temporary release in exchange for payment for persons accused of committing crimes while awaiting trial for sentencing. In addition, it was used as a guarantee that the defendant would attend court hearings.
Relying on the Illinois Constitution, the state Supreme Court's ruling, which was five votes to two, overturns a Chicago judge's decision to allow cash bail.
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.
Rowe v. Raoul, 2023 IL 129248 by Todd Feurer
The ruling will take effect beginning Sept. 18, 2023.
The SAFE-T Act
The repeal of bail is part of the well-known SAFE-T Act, a criminal justice reform. The rule was endorsed by Democrats in the Illinois Legislature's Black Caucus and subsequently signed by Governor J.B. Pritzker.
The elimination of cash bail was scheduled to take effect on Jan. 1, 2023. However, a previous ruling ruled it unconstitutional, so the repeal of the measure was revoked temporarily until this latest decision of the state Supreme Court.
Proponents of the measure argue that the decision takes steps toward equality, as offenders who have financial difficulties must await their trial incarcerated because they cannot afford bail. On the other hand, critics argue that the elimination of bail will result in offenders being able to go free while awaiting sentencing.
In a statement, Governor Pritzker expressed his "thanks" to the people who worked to defend the reform:
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.
