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The Illinois Supreme Court upheld a state law eliminating cash bail, marking a significant milestone in the nation’s criminal justice reform efforts. According to reports from the Chicago Tribune, Illinois will become the first state in the country to abolish cash bail when the new law takes effect on September 18, in the form of the Safety, Accountability, Fairness, and Equity-Today Act, known as the SAFE-T Act.
The SAFE-T Act’s cash bail provisions go beyond previous reforms enacted in other states, as the New York Times reported, making it a truly progressive step towards a fairer and more equitable justice system. The law addresses various constitutional arguments raised against it, rejecting claims that it violates the bail clause, crime victims’ rights clause, or the principle of separation of powers in the Illinois Constitution.
As asserted by the Illinois Supreme Court, the bail clause does not specifically mention monetary bail and is designed to strike a balance between the interests of criminal defendants in obtaining pretrial release and the state’s concern for ensuring their appearance in court for trial. The court’s majority opinion emphasized that the constitution does not mandate monetary bail as the sole means to ensure defendants’ appearance or protect the public.
Similarly, the victims’ rights clause does not refer to monetary bail, as the Illinois Supreme Court clarified. Moreover, the new law incorporates provisions that consider the safety threat posed by a defendant’s release, ensuring crime victims’ rights are taken into account during pretrial evaluations of whether to hold a defendant.
Contrary to the dissenting judges’ argument that the end of cash bail infringes upon the state constitutional rights of crime victims, the court’s majority maintained that the Illinois Constitution permits the legislature to regulate the bail system. With the legislature’s long-standing role in bail regulation, the court deemed the SAFE-T Act to be within the boundaries of constitutional authority.
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The American Bar Association (ABA) also adopted resolutions in 2017 supporting release without bail unless public safety necessitates detention. This aligns with the spirit of the Illinois law, which establishes a default rule that allows all individuals charged with an offense to be eligible for pretrial release on personal recognizance. Judges will set conditions of release, which may include electronic monitoring or home supervision, based on individual cases.
The pretrial release system under the new law is designed to promote fairness and individualized treatment. Defendants charged with misdemeanors or minor offenses will be released without pretrial conditions, eliminating the burden of cash bail for lesser charges. For defendants facing certain felonies, prosecutors can seek detention, leading to a hearing where the defense can present witnesses to support the defendant’s release. Until the hearing takes place, the defendant may be held in custody.
During this critical hearing, the judge will carefully consider various factors to determine whether the defendant should be released or kept in custody pending trial. Factors such as the defendant’s potential danger to the public or risk of flight will guide the judge’s decision-making process. In some cases, the judge may also impose release conditions, including electronic monitoring.
During a press conference, Cook County Public Defender Sharone Mitchell praised the new system, emphasizing that pretrial detention decisions will now be based on robust and individualized hearings rather than financial means. He applauded the court’s decision, stating that the new law ensures that someone’s experience with the criminal justice system will no longer be determined by their financial circumstances. Illinois Attorney General Kwame Raoul echoed this sentiment, expressing satisfaction with the court’s ruling and stressing that a person’s income level should not influence their interactions with the criminal justice system.
The Illinois Supreme Court’s decision to uphold the state law eliminating cash bail is a significant victory for criminal justice reform in the United States. As the first state to take this bold step, Illinois sets an example for others to follow, fostering a fairer and more equitable legal system for all citizens. The SAFE-T Act’s comprehensive approach, supported by constitutional analysis and the ABA’s principles, aims to address long standing issues of inequality and promote justice for defendants and crime victims alike. As the law takes effect in September, Illinois will embark on a new era of criminal justice, one that values individual rights and promotes a safer and more just society for all.
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