After a judge ruled that certain provisions in the SAFE-T act are unconstitutional, cash bail will remain in place in at least 65 Illinois counties come Jan. 1.
The dozens of counties were part of a class-action lawsuit brought by several prosecutors and sheriffs around the state in opposition of the legislation pushed by Democrats who control the Illinois General Assembly.
On Thursday, Circuit Judge Thomas Cunnington in Kankakee County ruled in favor of the plaintiffs, specifically ruling bail reform and pre-trial release provisions in the Pre-Trial Fairness Act are unconstitutional. Specifically, Cunnington's ruling held that the SAFE-T Act violated the Separation of Powers Clause, the Victim Rights Act, and unconstitutionally amended Article I, Section 9 of Illinois' constitution, which codified cash bail in the state.
The elimination of cash bail was set to take effect Jan. 1, but the full ramifications of the judge's ruling remain uncertain.
While several Chicago-area counties were included in the lawsuit, four were not. Here's a breakdown of which counties plan to move forward with the end of cash bail:
Cook County
In Cook County, prosecutors will proceed with the implementation of the Pretrial Fairness Act’s changes to the detention system, according to county leadership.
Local
“The historic reforms in the Pretrial Fairness Act represent an important step toward improving community safety, addressing decades of harm to Black and Brown communities, guaranteeing equal justice for all under the law – not only for those who can afford to pay,” officials said in a statement.
The Cook County Office of the President, the office of the Cook County Public Defender, the Clerk of the Circuit Court of Cook County and the Cook County State’s Attorney’s Office issued the joint statement Thursday saying that they would proceed with the elimination of cash bail.
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Lake County
In a statement, Lake County Chief Judge Mark L. Levitt said, "under the law, a trial court's finding that a statute is unconstitutional only applies to the parties in the case."
"Because the Lake County State’s Attorney did not join the lawsuit against the SAFE-T Act, Lake County was not part of the case, therefore, must continue with the implementation of the new law until and unless the Illinois Supreme Court addresses its constitutionality or another order of the court that includes Lake County is entered," he added.
DuPage and Kane Counties
DuPage and Kane counties will proceed with the end of cash bail, along with more than 30 other counties in other portions of the state. In a joint statement issued Friday, DuPage County State's Attorney Robert Berlin and Kane County State's Attorney Jamie Mosser said their offices filed an Emergency Motion for Supervisory Order with the Illinois Supreme Court seeking clarification regarding implementation of the Safe-T Act.
'Specifically, the Motion asks the Supreme Court to “exercise its supervisory authority to enter an order sufficient to maintain consistent pretrial procedures because without such an order, defendants in different jurisdictions will be subject to different treatment upon arrest and throughout pretrial proceedings, creating an equal protection problem for citizens across the State,'" the statement read.
Both Berlin and Mosser said their "top priority is to protect the public" and they have "no personal or political agenda regarding the SAFE-T Act..."
Counties to Keep Cash Bail in Place
On the contrary, several others - DeKalb, Grundy, Kankakee, Kendall, LaSalle, McHenry and Will counties - were among those included in the lawsuit. As result, cash bail in those areas will remain in place.
A full list of counties where cash bail will continue can be found here.
