What public officials are saying about the ruling on Illinois law to end cash bail
Here’s what advocates and elected officials had to say about a judge’s ruling that the law ending Illinois’ cash bail system is unconstitutional.
Senate Republican Leader Dan McConchie
“The creation of the SAFE-T Act has been a colossal failure from the beginning. The sloppy, rushed, poorly drafted law not only disregarded the opinions of citizens, law enforcement, prosecutors, and judges, but more dangerously has threated public safety here in Illinois. And on top of this, the central component has now been ruled unconstitutional. This ruling is just another example of the failure of this law.
“While the ‘no cash bail’ provision will continue to work its way through the court system, I will continue to advocate for a system that is fair, puts victims ahead of criminals, and gives judges the discretion they need to ensure violent offenders are not let back out on the streets.”
State Rep. Blaine Wilhour, R-Beecher City
“The Constitutional concerns with the SAFE-T Act were raised on multiple occasions, but the majority party chose to ignore these arguments. The SAFE-T Act was never about keeping communities safe. It was about infusing our criminal justice system with woke ideology and completely upending our Constitution. The courts have called out the majority party in the Legislature for ignoring the Constitution by enacting the SAFE-T Act into law. However, we cannot rely entirely on the courts when it comes to stopping the SAFE-T Act. We must keep putting pressure on the majority party in the House and the Senate to repeal it. That is the only sure-fire way to completely stop this egregious legislation. I will continue to speak out against the SAFE-T Act in the Legislature, but we need honest citizens to stand together and keep putting pressure on lawmakers to repeal the new law.
“I am disappointed that the ruling only narrowly applies to the counties that participated in the lawsuit. The SAFE-T Act applies to the entire state. If it is unconstitutional in some parts of the state – it is unconstitutional in all parts of the state. We are a long way from a final resolution to the SAFE-T Act in the courts, but with this ruling we are headed in the right direction. We have had a lot of very bad days in Illinois but today is a good one for a change.”
Madison County State’s Attorney Tom Haine
“Yesterday’s ruling on the SAFE-T Act was welcome news across the State. As this ruling explains, the core of this 765-page bill — the elimination of judicial discretion over monetary bail — was an attempt by the General Assembly to amend the bail provisions of our Illinois Constitution without giving the citizens their Constitutionally-required opportunity to vote on such an amendment. Thankfully, due to this ruling, the elimination of cash bail has been halted in Madison County for now. But, this is far from over. We expect the defendants to appeal, and if so, Madison County will continue the fight against this law in the court system along with the other litigating parties.”
House Republican Leader-elect Tony McCombie
“(Wednesday’s) ruling by Circuit Judge Thomas Cunnington was the correct one. Republicans have loudly and consistently voiced the many concerns with the SAFE-T Act since its passage during the lame-duck session nearly two years ago. Many provisions within the act put victims, law enforcement and communities throughout Illinois at-risk for disastrous outcomes. I am grateful the courts have ruled on the side of common-sense and am hopeful that any appeal will be upheld to protect Illinois families and the most vulnerable throughout the state.”
Illinois Network for Pretrial Justice
“This disappointing ruling is as political as the frivolous lawsuits that spurred it. The decision from Judge Thomas W. Cunnington could delay justice in counties across the state but will not deny it. The court did not issue an injunction and the Pretrial Fairness Act will still be the law in Illinois on January 1st. We anticipate that this poorly reasoned decision will be swiftly corrected by the Illinois Supreme Court.
“In the nearly two years since the Pretrial Fairness Act was passed into law as part of the SAFE-T Act, some members of law enforcement have been trying to undermine it. Their efforts have not been about justice or public safety; they are simply about preserving the power to jail people because they’re poor.
“Delaying the implementation of the Pretrial Fairness Act harms marginalized communities and survivors of violence. The current money bond system prioritizes access to wealth over public safety. Every year, thousands of people lose their jobs, housing, and custody of their children—not because a judge believes they’re dangerous, but only because they don’t have the money to buy their freedom. By protecting the status quo, the State’s Attorneys and sheriffs behind this lawsuit are making our communities less safe.
“Not all members of law enforcement have participated in these efforts to deny justice and undermine historic racial justice reforms. Some members of law enforcement have worked diligently to prepare for successful implementation on January 1st either in their own counties or as part of working groups led by the Administrative Office of Illinois Courts. Others participated in negotiations throughout the summer and fall to develop clarifying amendments to the law, which were passed earlier this month. Notably, the State’s Attorneys representing two of Illinois’ largest counties and a combined 47% of the population of the state, Cook and Lake, have championed the reforms included in the Pretrial Fairness Act long before they even became law. State’s Attorneys representing the second and fifth largest counties, DuPage and Kane respectively, were active participants in legislative negotiations and the Champaign County State’s Attorney testified in favor of the amendments made just weeks ago.
“While many counties have diligently worked to prepare for the end of money bond, the State’s Attorneys behind these lawsuits have been working to preserve one of the greatest racial and economic injustices in our legal system.
“The Illinois Network for Pretrial Justice stands by the Pretrial Fairness Act and is ready to work with the stakeholders in all counties to ensure that the law is successfully implemented after the Supreme Court responds to (Wednesday’s) ruling.”
State Sen. Jason Plummer, R-Edwardsville
“It is good news for the people of Illinois and the law enforcement community that Illinois courts are challenging the egregious and dangerous mistakes of the Governor and his allies in the legislature. While there is no doubt more to come, I applaud the decision of this court, and will stand firm with the millions of Illinoisans who simply want to live in safe communities.”
Gov. J.B. Pritzker
“(Wednesday’s) ruling is a setback for the principles we fought to protect through the passage of the SAFE-T Act. The General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. We cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail. I thank the Attorney General for his work on this case and look forward to the Illinois Supreme Court taking up the appeal as soon as possible.”
Kankakee County State’s Attorney Jim Rowe
“(Wednesday’s) ruling affirms that we are still a government of the people, and that the Constitutional protections afforded to the citizens of Illinois — most importantly the right to exercise our voice with our vote — are inalienable. The Act was a 765 page bill passed during a lame duck session under cover of darkness at 4:00a.m., affording legislators less than one hour to read it and vote on it, and denying the general public any opportunity to offer comment or input. It amended the State Constitution and eroded the constitutional protections of the Victim Rights Act, all while disenfranchising the people of their Constitutional right to vote on such reforms. The people of Illinois deserve better than that, and (Wednesday’s) verdict condemns the Act for exactly what it is: unconstitutional.”
This story was originally published December 29, 2022 at 9:23 AM.