SAFE-T Act Challenge: IL Supreme Court To Hear Oral Arguments In March

SPRINGFIELD, IL — The cash bond status quo is set to remain in place through the first quarter of 2023, as the Illinois Supreme Court issued a timeline for hearing an appeal of a judge's ruling that the Pretrial Fairness Act violates the state constitution.

In an order entered Thursday, justices said oral arguments will be scheduled for the court's March 2023 term.

The controversial provision of the SAFE-T Act criminal justice reform package replaces cash bond with a new system of pretrial detention based on the offense charged and the perceived danger and flight risk of the defendant.

The act was finalized a month ahead of its Jan. 1 effective date. But county officials in 64 counties had already filed lawsuits challenging the constitutionality of eliminating bail without amending the Illinois Constitution, which includes a pair of sections mentioning bail.

The Supreme Court consolidated those challenges in a single case in Kankakee County, where Circuit Judge Thomas Cunnington, chief judge of the 21st Judicial Circuit, heard oral arguments on Dec. 20 and issued a ruling Dec. 28.

Cunnington found that the pretrial release provisions of the SAFE-T Act violate the separation of powers principle by taking away judges' "inherent authority to administer and control their courtrooms and to set bail."

But his ruling only applied to the counties that were plaintiffs on the challenge and not the other 37 that did not, including four of the state's five largest.

That set up the problematic possibility of a patchwork system of pretrial detention, with judge setting cash bonds in some counties but not in others.

Gov. J.B. Pritzker, Attorney General Kwame Raoul, Senate President Don Harmon and House Speaker Emanuel Chris Welch appealed Cunnington's ruling direct to the state's highest court.

Hours before the Pretrial Fairness Act was due to take effect in parts of the state on Jan. 1, the Supreme Court put implementation of the bill on hold while the appeal its still pending so as to "maintain consistent procedures throughout Illinois."

According to briefing schedule released last week, the state officials have until Jan. 26 to file their appellate brief. The group of county officials, with Kankakee County State's Attorney Jim Rowe and Sheriff Michael Downey acting as lead plaintiffs, have until Jan. 26 to file their brief, with the appellants reply due by Feb. 17.

Related:
Illinois Supreme Court Pauses Pretrial Fairness Act, End Of Cash Bail
SAFE-T Act Violates Victims' Rights, Separation Of Powers, Judge Says
Kankakee County Judge Rules elimination Of Cash Bail In SAFE-T Act Unconstitutional