Rock Island Today

State Rep. Travis Weaver (R-Edwards) is expressing his disapproval of the recent ruling by the Illinois Supreme Court which upheld the constitutionality of the Pretrial Fairness Act. 

The provision is a part of the broader SAFE-T Act and is designed to eliminate cash bail in the state. With this decision, Illinois becomes the first state in the nation to completely do away with cash bail. Opponents say the provision for cashless bail can now be applied to even the most serious offenses, including murder and rape.

“I am very disappointed to see that No Cash Bail has been upheld by the Illinois Supreme Court,” Weaver said in a statement. “This places criminals back on the streets after they’ve been arrested, putting you and your family in danger. We need strong and effective legislation that holds offenders accountable and keeps our communities safe, especially at a time when criminals are emboldened due to the Democrat-championed SAFE-T Act.” 

The SAFE-T Act faced significant opposition from the majority of state attorneys in Illinois. Out of 102 state's attorneys, 100 were against the Act, and 64 of them actively participated in legal efforts to prevent its implementation.

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 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.”

On the heels of the Illinois Supreme Court's upholding to ending cash bail, Republicans 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.