Rock Island Today

State Rep. Win Stoller (R-Germantown Hills) is disapproving of the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act.

On 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. Opponents say cashless bail can be applied to 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.

“Without question, today’s ruling is both a disappointment and a step backwards in terms of protecting victims and their rights. This complete rewriting of our state’s criminal justice system once again follows the Majority Party’s trend of putting criminals above law enforcement and our overall public safety,” Stoller said in a statement. “Sweeping legislation like this limits judges’ ability to make decisions and exercise necessary discretion based on the facts of the case before them. Our state as a whole will be far less safe once the SAFE-T Act takes full effect.”

The court's 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 rules take effect on Sept. 18.

According to The Heartlander, 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. 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 of 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.”

Republican lawmakers are voicing opposition and calling for a special legislative session to amend the SAFE-T Act, KHQA reported. They express concerns that the public could be endangered after the sunset of cash bail. The GOP also is worried that without cash bail, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends.