Metro East Sun

Madison County State’s Attorney Tom Haine and Madison County Sheriff Jeff Connor are criticizing the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act.

On Tuesday, July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state in the nation to eliminate cash bail. Following the ruling, cashless bail can be applied to even the worst crimes such as murder and rape. The Act was opposed by 100 of 102 state’s attorneys in Illinois, 64 of which signed on to litigation to stop the law. 

“We are disappointed by the Supreme Court’s decision, and respectfully disagree with it,” Connor and Haine said in a joint statement. “But our constitutional structure gives our Illinois Supreme Court the final say in interpreting our State Constitution, and we will continue to uphold and follow its decisions.” “Thankfully, due to diligent work over the past months and years, Madison County will be prepared for the Sept. 18, 2023 implementation ordered by the court, and will be coordinating the local law enforcement community toward that task in the weeks ahead. While rules may change, the commitment of our offices will not: We will always fight for victims of crime and strive to protect our community from lawbreakers.” 

In the landmark decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional making Illinois the first state to eliminate cash bail. The 5-to-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new bail rules take effect.

Gov. J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000, The Heartlander reported. Both justices voted in favor of reinstating cashless bail in the SAFE-T Act. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth with the nonpartisan Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases, they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

After the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act. They express concerns that removing cash bail could endanger residents, narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, which according to KHQA would be on Sept. 18.