Rock Island Today

The Rock Island County State's Attorney's Office filed a temporary restraining order mirroring a challenge to the SAFE-T Act that overturned the law’s cashless bail provision. 

“On Wednesday, December 28, 2022, several portions the Pre-Trial Fairness Act were found unconstitutional by the Kankakee County Circuit Court, on behalf of 65 State's Attorneys and Sheriffs of Illinois,” the Rock Island County State's Attorney's Office said in a press release posted on Facebook. “Although Rock Island County did not participate in this initial lawsuit, we are required to follow decisions that affect the constitutional rights of citizens.

“When a State statute is declared unconstitutional, the statute becomes invalid and has no force or effect on any person. The Kankakee Court found the Pre-Trial and No Cash Bail provisions of the Safe-T Act to be a violation of the Illinois Crime Victim's Rights Act, a violation of separation of powers between the Judiciary and Legislative branches of Illinois, and an improper amendment to our State Constitution.”

On Dec. 29, the Rock Island County State's Attorney and the Rock Island County Sheriff filed an Emergency Petition for Temporary Injunctive Relief to prevent the Pre-Trial provisions from going into effect on Sunday. 

"Our Petition was consolidated with Whiteside County and Henry County, and a hearing took place today, December 30th, before the Hon. Judge Steines,” the release continued. “After arguments were made regarding the unconstitutionality and potential for immediate harm from the Pre-Trial Act, Judge Steines granted our request emergency injunction. As a result, and until the Illinois Supreme Court provides further clarification, we will abide by this ruling and not implement the new bail reform that was set to commence this Sunday.” 

The release also noted that their “Offices remain committed to following the law, protecting the rights of victims and all citizens that come before our Courts,” remaining hopeful that "the Illinois Supreme Court will bring finality to this matter soon.”

The move came days after a ruling from Kankakee County Chief Judge Thomas W. Cunnington of the 21st Judicial Circuit Court of Illinois.

“The administration of the justice system is an inherent power of the courts upon which the legislature may not infringe and the setting of bail falls within that administrative power, the appropriateness of bail rests with the authority of the court and may not be determined by legislative fiat,” the judge said in his ruling.

Many believed that the ruling was a forgone conclusion.

“The arguments raised all had merit, they weren’t frivolous,” Chicago-Kent College of Law criminal law professor Richard Kling told the Chicago Sun-Times.

The SAFE-T Act will still take effect on Jan. 1 in the 37 counties not included in the lawsuit. In those counties, thousands of inmates who await trial on serious crimes would be released. But after Cunnington's ruling, the 65 counties involved in the lawsuit will not be subject to those provisions of the SAFE-T Act.

The Act underwent changes after a campaign communications blitz revealed several glaring errors in the law. No Republicans voted for the bill or the subsequent changes. When the SAFE-T Act is implemented in the surviving counties, those charged with the most heinous crimes—such as robbery, kidnapping, arson, second-degree murder, intimidation, aggravated battery, aggravated DUI, aggravated flight, drug-related homicide, and threatening a public official—will be freed; as the Will County Gazette previously reported.