We have been covering changes to Illinois law through the SAFE-T over the past couple of months. Changes have been wide-ranging for the state of the law regarding criminal justice and police accountability in the state of Illinois. Perhaps the most discussed element of the bill has been the elimination of cash bail in most circumstances. Proponents of the bill have argued that cash bail is unfair to the less fortunate, who may struggle to find access to sufficient funds to escape pretrial detainment.
Critics of the bill have argued that dangerous criminals may now be able to walk free and cause harm in the pretrial period. Critics have also argued that the bill is unconstitutional, a claim which was recently upheld by a Kankakee County judge who ruled that the cash bail portion of the SAFE-T Act is unconstitutional on the grounds that pretrial release procedures are determined by the courts and cannot be dictated by the legislature. The ruling comes after prosecutors and sheriffs from 64 counties filed suit against the new law. In a 33-page opinion, Judge Thomas Cunnington cited the need for separation of powers and claimed that pretrial release procedures are not the purview of legislative control.
Our own Attorney, Thomas Glasgow, appeared on NBC Channel 5 News to discuss the ruling. SAFE-Act mandates for cash bail overstep the authority of the legislative arm of government, as cash bail decisions have always been at the courts’ discretion. Attorney Thomas Glasgow supports the ruling of the Kankakee county judge and wishes to support efforts to enforce the constitution at any time.
Effect of the Local Ruling
The counties of DuPage and Kane have an order allowing the ruling to apply to them, and then the Illinois Supreme Court stayed the law from going into effect until the Court could have an expedited hearing on the matter. Arguments are expected in March. Attorney General Kwame Raoul has also appealed the decision to the Illinois Supreme Court. The fate of Cash Bail in the state of Illinois will be decided by the Illinois Supreme Court in an expedited court process.
Contact an Experienced Lawyer Today
It is important to get professional help in matters involving your safety or the safety of those you care for. Do not delay in acquiring legal help from our law offices. Glasgow & Olsson is uniquely qualified to help navigate new changes to pretrial release procedures. Recent changes to Illinois law likely affect your rights and trial process, so make sure to remain informed and updated. Make sure to acquire legal assistance the whole way through. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.