Illinois Supreme Court Pauses Pretrial Fairness Act, End Of Cash Bail

SPRINGFIELD, IL — The Illinois Supreme Court paused the abolition of monetary bail Saturday, pending an appeal of a challenge to the law ending cash bonds from state's attorneys and sheriffs around the state.

In an order filed hours before the Pretrial Fairness Act — the portion of the SAFE-T Act that eliminated monetary bail — was due to take effect, the state's highest court allowed for an expedited appeal of Thursday's Kankakee County judge's ruling finding the legislature had violated the separation of powers and victim's rights provisions of the Illinois Constitution.

"In order to maintain consistent procedures throughout Illinois, the effective date of the Pretrial Fairness Act [in the SAFE-T Act and its most recent amendment] is stayed during the pendency of the appeal," the justices ruled.

While 21st Circuit Chief Judge Thomas Cunnington ruled that the bill was unconstitutional in the case of the 64 counties whose officials had filed suit to stop the SAFE-T Act, the state's other 38 counties — including more than two thirds of its residents — had been due to implement the end of cash bail.

Saturday's Supreme Court order prevents dual systems of pretrial release from being implemented across the state while the justices hear the attorney general's appeal. It came in response to an emergency motion for a supervisory order from the state's attorneys of DuPage and Kane counties, which had not been a party to the consolidated challenge from other county prosecutors.

Any rule changes or court orders associated with the Pretrial Fairness Act taking effect on Jan. 1 have also been "held in abeyance until further order of this Court," according to the Dec. 31 order.

Earlier: SAFE-T Act Violates Victims' Rights, Separation Of Powers, Judge Says