* Office of Cook County Board President Toni Preckwinkle…
Today, the Illinois Supreme Court released a strong, clear decision upholding the constitutionality of the Pretrial Fairness Act, which ends the money bond system in Illinois. The Pretrial Fairness Act was signed into law in February 2021 as part of the SAFE-T Act. It overhauls the pretrial release and detention decision-making process statewide.
Cook County Leaders remain united in our commitment to collaborative implementation of the Pretrial Fairness Act, consistent with today’s Supreme Court opinion.
“We stand united in support of our court system stakeholders as they move forward with Pretrial Fairness Act reforms, ending money bond and implementing a pretrial process rooted in equity and community safety,” said Cook County Board President Toni Preckwinkle. “My administration stands ready to provide resources and counsel where we can be of service as we move forward toward a more just and equitable future for all.”
Since the Pretrial Fairness Act was signed into law in February 2021, Cook County’s criminal justice agencies have been engaged in a collaborative planning process to ensure countywide preparedness for implementation of the law. As part of this process, representatives from each of the County’s criminal justice agencies have participated in consistent working groups alongside local law enforcement, advocacy groups and community representatives. In light of the Supreme Court’s decision, planning for the end of the money bond system will move forward in earnest with strong support from the stakeholders.
“With the end of money bond, Illinois becomes the first state to end a system that criminalized poverty by prioritizing access to cash over community safety. We stand on the right side of history as we work to implement these changes in Cook County,” said State’s Attorney Kim Foxx. “The Cook County State’s Attorney’s Office spent over 18 months training staff for the implementation of the Pretrial Fairness Act. We were prepared on January 1 and now stand ready for September 18 when cash bail finally ends in our state.”
“Today marks a significant victory for justice across Illinois as the state takes a momentous and historical step towards ending money bond. Our office is proud to be collaborating to implement the historic reforms in Cook County, helping to bring about a more fair and equitable justice system for all residents,” said Iris Y. Martinez, Clerk of the Circuit Court of Cook County.
Cook County was poised to successfully implement the end of money bond on January 1, 2023 and remains committed to coordinated, successful implementation on September 18, 2023. All county agencies will continue to work together to ensure stakeholders and employees receive the training and support needed to put this historic reform into practice.
“The attorneys and staff at the Cook County Public Defender’s Office are poised and ready to implement the historic end to money bond. We have created a new Pretrial Division, which is trained and equipped to robustly represent our clients throughout the new pretrial process. We have developed the necessary policies and procedures and collaborated extensively with the county’s court system stakeholders to ensure a smooth transition,” said Cook County Public Defender Sharone R. Mitchell, Jr.
“The Pretrial Fairness Act represents a critical step forward for economic and racial justice in Cook County and Illinois,” said Avik Das, Executive Director of the Justice Advisory Council. “We will be working closely with agencies, partners and community members to ensure the reforms are thoughtfully implemented, centering the needs of justice involved individuals as well as communities.”
* IL Freedom Caucus…
“As expected, the partisan Supreme Court ruled with JB Pritzker to uphold the revocation of the cash bail provisions of the SAFE-T Act. This is another example of judicial activism.
Article 1, Section 9 of the Constitution states, ‘all persons SHALL be bailable by sufficient sureties.’ The Illinois Supreme Court contends there is no mandate in the Constitution for cash bail, but the Constitution reads ‘SHALL’ not ‘May.’ The difference between these words is the subject of extensive debate on the floor of the House and Senate. Shall denotes a requirement. May denotes discretion. The Supreme Court has put partisan politics above the law and above common sense. The idea that there is no mandate for cash bail when the word ‘shall’ is clearly used in our Constitution is absurd on its face. The Illinois Supreme Court has failed the people of Illinois and has put the lives of our citizens at risk with this partisan ruling today.”
* Rep. Adam Niemerg…
State Representative Adam Niemerg (R-Dieterich) says the Illinois Supreme Court ruling today on the SAFE-T Act is reckless and will ultimately make our communities less safe.
“The political leaders in Illinois are about one thing – self-preservation,” Niemerg said. “JB Pritzker contributed millions in the last election cycle to elect Democrats to the Illinois Supreme and his reward is the mental gymnastics used to justify eradicating cash bail which is enshrined in our Constitution in the very first article. What has happened today is another example of the culture of corruption that has been the hallmark of Illinois politics for far too long.”
Niemerg said beyond the politics of the ruling, communities will be less safe as a result of the Court’s partisan actions.
“There will be more criminals put back on the street as a result of this law which will put people’s lives at risk,” Niemerg said. “It also will make it even tougher for people to cooperate with police and identify suspects. They will be less willing to ID criminals out of fear they will be targeted once the suspect is released from custody. The Illinois Supreme Court’s decision to put politics ahead of common-sense and the plain language of the Constitution has put lives at risk.”
* US Rep. Darin LaHood…
“Under Governor J.B. Pritzker, Illinois has become less safe and violent crime is on the rise. Instead of giving law enforcement the tools they need to go after criminals, Governor Pritzker’s soft-on-crime policies, like ending cash bail, hinder cops from keeping communities safe. With morale of law enforcement at an all time low in Illinois, police departments across our state are struggling to recruit officers because of policies like the SAFE-T Act. The Illinois Supreme Court’s ruling is misguided, it will harm law enforcement, and make Illinois less safe.”
* Rep. Tim Ozinga…
“Today’s ruling in favor of the SAFE-T Act is disappointing, but not surprising. The current polarization of party politics has led to the passage of extreme legislation, such as the SAFE-T Act, that ends up helping no one. While reform is necessary to our current criminal justice system, this is not the way to do it. We cannot put our citizens, families, and communities at risk by implementing a method with no results to show for itself.
“With out-of-control crime spreading from cities like Chicago into neighboring suburbs, now is not the time to take risks when legislating public safety policies. Instead, we should focus on supporting our law enforcement and protecting our communities.”
* Rep. Fritts…
“I am deeply disturbed by today’s ruling made by the Illinois Supreme Court in favor of the SAFE-T Act. This ruling is just another step in the wrong direction for Illinois. Progressive Democrats continue to push failed, pro-criminal legislation onto the people of Illinois without regard for their safety. These soft-on-crime policies continue to prioritize the wants of criminals over the needs of our communities. We will now be the first in the nation to utilize no-cash bail, all while our state’s crime rate remains one of the highest in the country.
“Further, I stand behind the law enforcement officers who have continually spoken out against the SAFE-T Act. After their effort to defund the police failed, woke progressives are now attempting to handcuff law enforcement by making their jobs as challenging as possible. This no-cash bail policy ensures that police will continue to arrest the same offenders over and over again, therefore putting their lives in further danger and wasting more taxpayer dollars.
“I condemn this vile attempt by the Democratic majority to override the Constitution in favor of political social policies aimed at destroying what is left of Illinois.”
* Rep. Wayne Rosenthal…
Today’s ruling by the Illinois Supreme Court to completely abolish cash bail for criminals does not make Illinois safer. First, the Democrats craft “gun control” legislation which attacks law abiding citizens who have the right to defend themselves and now they eliminate cash bail for criminals who will quickly be back on the street committing crimes. This is a very dangerous road that has been created for the residents of Illinois.
The Democrats’ “SAFE-T” Act was swiftly rammed through the General Assembly Lame Duck Session and was rushed to Governor Pritzker to sign into law. This law is deeply flawed, and despite being amended multiple times, it’s had zero impact on reducing crimes throughout our communities across the state. Illinois has one of the highest murder rates in the nation, and now the first state to reform a system that rewards criminals.
Our freedoms are being stripped by the progressive agenda, and we need to stand together and fight back with comprehensive solutions which protect our citizens and gives authority back to our law enforcement officers. The people of Illinois deserve to live their lives without fear. Families depend on our laws to protect them and keep them safe; abolishing cash bail does just the opposite.
* Rep. Mike Coffey…
Today the Illinois Supreme Court ruled that abolishing cash bail for criminals is constitutional. This dangerous action does not make residents safer, in fact, it will instill fear throughout the communities across the state. The so-called “SAFE-T” Act was rushed through the General Assembly and signed into law with terrible flaws. Despite being amended multiple times, this law has done nothing to reduce violent crimes.
This approach to criminal justice reform does not provide communities with protection from violent criminals. We must continue to fight for law enforcement and stand behind them as they are sworn into a position to keep our communities safe.
Illinois is the first state in the nation to proudly abolish the cash bail system, which has one of the highest murder rates. The Democrat-Stacked Illinois Supreme Court decision to allow this provision to be deemed constitutional has an effect on every resident in the state.
Illinois families deserve the right to bear arms, to be protected by law enforcement, and to feel safe in their communities. House Republicans have created and launched a Public Safety Working Group to fight back against this progressive agenda. We will fight for our freedoms and stand with those who embrace the laws that protect our families and communities.
* Rep. Jed Davis…
“Yesterday’s Illinois Supreme Court decision sadly comes as no surprise. While I had hoped that common sense and high regard for the rule of law would have prevailed, partisan politics due to gerrymandered maps have led to one of the worst Judicial decisions I have seen in my lifetime.
“To put the wants of progressive politicians at the center of criminal law is disturbing. With high crime rates and out-of-control violence seeping into Illinois from the city of Chicago, now is not the time to experiment with what could be catastrophic changes to our laws.
“This type of legislation is a perfect example of what happens when one party has complete control over a state government. When the balance of power is out of whack in a supermajority, this kind of bogus criminal justice reform gets passed into law and the people of Illinois end up losing.”
* Darren Bailey…
* Illinois Association of Criminal Defense Lawyers…
Yesterday, in Rowe v. Raoul, the Illinois Supreme Court announced a strong affirmation of the Pretrial Fairness Act and its elimination of wealth-based jailing in the State of Illinois.
The decision represents a monumental and historic day in Illinois that will have an enduring positive impact upon our residents and communities. The Court’s opinion upholds a system of pretrial release that appropriately focuses on the presumption of innocence and allows for the incarceration of an accused individual prior to trial only when the Court has made specific findings justifying detention.
The Pretrial Fairness Act ensures that the State of Illinois will no longer allow accused individuals to buy their way out of jail–a vestige of the money bail system. It aligns Illinois courts more closely with the federal and juvenile systems of pretrial release, in which the financial status of the accused is no longer the dominant factor in determining whether that person remains in jail or is released pending trial.
…Adding… Rep. Maurice West…
