Illinois is poised to become the first state to fully abolish cash bail, a move sparking debate over public safety. The state Supreme Court recently upheld the legality of the SAFE-T Act, paving the way for this significant change to take effect on September 18th.
The SAFE-T Act eliminates the requirement for suspects to post bail to be released from jail while awaiting trial. However, judges retain the authority to detain individuals deemed a public safety risk or flight risk. While other states have implemented bail reforms, Illinois' complete elimination marks a unique approach.
Cook County Jail in Chicago (Reuters / Jim Vondruska / File)
The court's decision, authored by Justice Mary Jane Theis, emphasized that the Illinois Constitution doesn't mandate monetary bail as the sole method for ensuring court appearances or protecting the public. The ruling stated that the SAFE-T Act's pre-trial release procedures strike a balance between the rights of defendants and victims.
Illinois Gov. J.B. Pritzker speaks during an interview in Chicago on Feb. 23, 2023. (Christopher Dilts / Bloomberg via Getty Images)
Governor J.B. Pritzker, who signed the SAFE-T Act into law, applauded the court's decision, highlighting the shift towards assessing pre-trial detention based on potential danger to the community rather than financial capacity.
However, critics argue that such a substantial change should be subject to a public vote and express concerns about potential negative impacts on public safety. Kankakee County State's Attorney Jim Rowe, who led a lawsuit against the law, voiced his disappointment while upholding the principles of their legal challenge.
A Cook County sheriff's car patrols the exterior of the Cook County Jail in Chicago on Jan. 12, 2016. (Reuters / Jim Young / File)
