SPRINGFIELD, Ill. — The Illinois Supreme Court on Tuesday upheld the constitutionality of a state law ending cash bail, ordering implementation in mid-September.
The ruling overturns a Kankakee County judge's opinion in December that the law violated the constitution's provision that “all persons shall be bailable by sufficient sureties."
Supreme Court Chief Justice Mary Ann Theis delivered the court's opinion, approved 5-2, saying that the constitution “does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public.”
The following reactions have come in following the ruling.
Illinois Gov. J.B. Pritzker (D)
“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail. My thanks to Attorney General Raoul’s office and the many people who worked tirelessly over the last months to defend these important reforms. I look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.”
Illinois Fraternal Order of Police State Lodge President Chris Southwood
“Today’s ruling by the Supreme Court confirms Illinois’ status as the state of lawlessness and disorder. The court ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican, that the elimination of cash bail will put dangerous criminals back on the street, instead of keeping them in jail or forcing them to post cash bail as they await trial. Many of those offenders will commit crimes again within hours of their release. And who will have to arrest those offenders again and again? The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place. Today’s ruling is a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”
Illinois Attorney General Kwame Raoul (D)
“I am pleased – although not surprised – that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act. The court’s decision today holds – as my office has consistently advocated – that the General Assembly had the authority to eliminate cash bail and replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk. And it rejects the plaintiffs’ argument that courts must retain the authority to set cash bail free of legislative regulation – an argument that would have called into question decades of criminal justice reforms in our state.
“Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail. The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.
“With the court’s decision today, the elimination of cash bail will soon take effect. Other parts of the act, not challenged by the plaintiffs, also remain in effect and will have a positive impact within the state. This includes my office’s authority to conduct pattern-and-practice investigations of civil rights violations by law enforcement and improvements to the police officer certification process that create uniformity for departments across the state, promote professionalism in law enforcement and increase transparency.
“Attorneys from my office have spent many months defending the SAFE-T Act’s constitutionality in courtrooms throughout Illinois against meritless challenges. I am proud of their dedication and appreciate their service to the people of Illinois.”
Illinois Lt. Governor Juliana Stratton (D)
“Today’s decision by the Illinois Supreme Court upholding the passage of the SAFE-T Act is a major step in the right direction on our journey to justice. All along, our goal has been to right the wrongs of policies that have disproportionately harmed Black, Brown and low-income Illinoisans while, at the same time, bolstering public safety by building a system that centers on accountability and fairness.
The amount of money in one’s bank account should never be the determining factor of whether they should be released or detained while awaiting trial. To do so does nothing but criminalize poverty and this disproportionately impacts marginalized communities. Today’s victory is thanks to the hard work of Governor Pritzker, Attorney General Raoul’s office, the General Assembly, and the many advocates who have been tirelessly fighting for years for true community safety. We have made great strides, and we are forging ahead.”
State Rep. Amy Elik (R-Alton)
State Rep. Charlie Meier (R-Okawville)
“I voted against eliminating no-cash bail when this law passed in 2021. The Illinois Supreme Court’s decision to support the elimination of cash bail will set criminals free that should otherwise remain behind bars. I am very disappointed with the ruling made by the Illinois Supreme Court Democrat majority that was elected by Governor Pritzker. I have always stood with our police and will always back the men and women that wear the badge each day to help keep our communities safe.”
State Sen. Terri Bryant (R-Murphysboro)
“I am extremely disappointed by the Court’s ruling. Throughout the past few years, we have seen Democratic lawmakers prioritize the needs and wants of criminals within our judicial system over those of their victims and those seeking to protect them.
“Today’s ruling upholds that twisted and abhorrent mindset. The people of our state will be less safe once this Act takes full effect all across Illinois this September. And the further erosion of public safety that will undoubtedly follow will be all thanks to the Majority Party and this ruling.”