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* 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…
Pritzker’s former political opponent and now candidate for Congress @DarrenBaileyIL with a statement on today’s cash bail ruling. Bailey focused most of his campaign for governor on the SAFE-T Act, which didn’t resonate with voters #twill https://t.co/cKKSkftEhQ pic.twitter.com/t9UKpzilKk
— Ben Szalinski (@BenSzalinski) July 18, 2023
* 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…
I am thankful that the Illinois Supreme Court upheld the Pretrial Fairness Act and affirmed the legislature's action to eliminate cash bail, which is regressive, ineffective, and discriminatory. pic.twitter.com/oZ6v5S45tM
— Rep. Maurice West (@StateRepWEST) July 18, 2023
posted by Isabel Miller
Wednesday, Jul 19, 23 @ 12:36 pm
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Freedom Caucus is twisted in knots over the difference between ’shall’ and ‘may’. They instead should be doing a deep dive into the difference between ‘cash’ and ’sufficient sureties’.
Comment by Cubs in '16 Wednesday, Jul 19, 23 @ 12:57 pm
The strict constructionists don’t seem to much care for strict construction, now, do they?
Comment by LadyLawyer Wednesday, Jul 19, 23 @ 1:05 pm
To the (very correct) points from Cubs in ‘16 and LadyLawyer:
It’s the same “logic” that allows for completely ignoring “well-regulated militia”.
They’re fundamentally intellectually dishonest.
Comment by Chris Wednesday, Jul 19, 23 @ 1:16 pm
“it’s had zero impact on reducing crimes throughout our communities across the state.”
Well, that’s someone who should never be asked for their opinion again.
I’m still waiting for the end-of-days from cannabis legalization.
ILGOP shifts from made up apocalypse to made up apocalypse, and somehow their voters don’t seem to notice they’ve already forgotten about the last apocalypse they were absolutely certain would destroy the state.
Now, I’m not claiming to have a crystal ball or to be able to see the future. But I’m going to risk it all and go out on a limb and say this will not destroy Illinois.
Comment by TheInvisibleMan Wednesday, Jul 19, 23 @ 1:18 pm
===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.’===
Take a deep breath and tell me how you define “sufficient sureties.”
Comment by Nick Name Wednesday, Jul 19, 23 @ 1:34 pm
The “IL Freedom Caucus” stands for the “freedom to be locked up because you don’t have money”
Comment by Homebody Wednesday, Jul 19, 23 @ 1:35 pm
My react is that these people continue to lie about the Act and what it does and does not do. To suggest that violent criminals will be let out en masse and that anyone arrested for a violent crime will have to be released is completely absurd and shows a shocking lack of understanding of the Act.
==to override the Constitution==
The Illinois Supreme Court ruled Representative. Nothing “overrode” the Constitution. That’s kind of the point of the Supreme Court - saying what is and is not constitutional. They ruled it is.
Comment by Demoralized Wednesday, Jul 19, 23 @ 1:38 pm
===saying what is and is not constitutional===
Ball game.
Comment by Oswego Willy Wednesday, Jul 19, 23 @ 1:38 pm
Also, IL Freedom Caucus, define “bail.” The IL SC did.
Comment by Nick Name Wednesday, Jul 19, 23 @ 1:40 pm
“Ball game.”
First inning.
We are still deep in the forest of law enforcement attempting to usurp the powers of the legislative and judicial branches of govt.
The responses collated above show if anything it’s being doubled down on.
It may be a clear decision from the supreme court to you, but you aren’t trying to reshape our form of government.
Comment by TheInvisibleMan Wednesday, Jul 19, 23 @ 1:51 pm
=There will be more criminals put back on the street=
Start with calling them alleged.
But there were always alleged criminals on the street - it’s just that they were the ones that could afford to be.
Niemerg and his lot just always skate past this fact. If you could afford to get out - you did.
Comment by Cool Papa Bell Wednesday, Jul 19, 23 @ 1:53 pm
===First inning.===
No. Now these legal law enforcement geniuses will be dealing with working against the law, and that makes this ruling easy enough to show where such decisions are against this ruling.
That’s it.
===We are still deep in the forest of law enforcement attempting to usurp the powers of the legislative and judicial branches of govt.
The responses collated above show if anything it’s being doubled down on.===
As been says often… 60/30 signature, and this ruling makes clear that winners make policy. It’s on the books. It will be the law in September.
===you aren’t trying to reshape our form of government.===
I dunno what that means, exactly, given the losses that continue to pile up and wins that are tabulated, governing is ALWAYS evolving, policy and governing is never-ever a done thing.
Comment by Oswego Willy Wednesday, Jul 19, 23 @ 1:56 pm
Someone needs to tell the Helen Lovejoys of the ILGOP to save room on their fainting couches.
To Invisible’s point “Won’t somebody think of the drug sniffing dogs?”
Comment by Jocko Wednesday, Jul 19, 23 @ 2:23 pm
“and this ruling makes clear that winners make policy.”
Perhaps I wasn’t clear.
There WILL be judges in certain counties who deliberately abrogate their duties and release people(most likely domestic violence offenders) with no concern for what they are doing. In fact, they will be released *because* they are a danger to the community/victim.
It will happen, and it will be done for the purpose of further attacks on this law, as if it proves something.
Local media, if it even exists in the area it happens, will then print the designed press-release type responses above from the local officials. I think you know Jim Nowlan will be one of the first to write such a story. It will be on the wire service and reprinted in whatever is left of local newspapers.
The law is there. It is decided. It is clear. It is on the books.
All completely useless if local officials ignore it, or deliberately abuse it to ‘prove a point’.
I wish it was the ballgame. I know it is the first inning.
Comment by TheInvisibleMan Wednesday, Jul 19, 23 @ 2:32 pm
===There WILL be judges in certain counties===
Aren’t those type of cases only to be heard in Cook or Sangamon?
===All completely useless if local officials ignore it, or deliberately abuse it to ‘prove a point’.===
They are playing to a small audience
===I wish it was the ballgame. I know===
How many of these cases are you planning on seeing, “dozens”
The same amount of cases as the “criminals” being released?
Comment by Oswego Willy Wednesday, Jul 19, 23 @ 2:39 pm
===It will be on the wire service and reprinted in whatever is left of local newspapers.===
Vertical integration will continue as it has been.
This isn’t a new thing.
Comment by Oswego Willy Wednesday, Jul 19, 23 @ 2:40 pm
=ILGOP shifts from made up apocalypse to made up apocalypse, and somehow their voters don’t seem to notice they’ve already forgotten about the last apocalypse they were absolutely certain would destroy the state.=
Yep. Did the chinese mafia ever take over any small towns with their illicit pot operations as was alleged by a downstate sheriff?
Has a mob of stoned pizza eating zombies taken over… ah you know what I mean.
=But there were always alleged criminals on the street - it’s just that they were the ones that could afford to be.=
Yeah, one of them tried to orchestrate the overthrow of our country.
Comment by JS Mill Wednesday, Jul 19, 23 @ 3:23 pm
“===All completely useless if local officials ignore it, ” So, shouldn’t we be yelling at the local officials breaking the law rather than the law itself?
Comment by Skeptic Wednesday, Jul 19, 23 @ 3:29 pm
“So, shouldn’t we be yelling at the local officials”
Of course. That’s why I think this is only the first inning.
How much did it help yelling about the abrogation made by judge Grischow on her mask ruling. How much did it help yelling about that ‘fishing is my constitutional right’ judge. Take all the mask nonsense in the courts, and multiply it. That’s what’s next.
By the time your yelling about it, their action has already taken place and started the momentum.
That’s why it’s going to be the hard part now, and not a time to rest on the victory.
Comment by TheInvisibleMan Wednesday, Jul 19, 23 @ 4:13 pm
===That’s why I think this is only the first inning.===
What exactly do you think that’s going to happen?
Yapping and vertical integration? That’s always going on.
Legal malpractice, you think lawyers, state’s attorneys, judges are going to ignore the law?
Right now counties are at a loss about a loss of revenue, not the idea of following or not following the law, “on principle”
This is in complete mirrored opposite of “the criminals are going to go free”
Either these folks will follow the law or … like any other law, but this time lawyers, and prosecutors are lawyers, might face issues(?)
There’s more whining about losing dollars from bail, frankly.
Comment by Oswego Willy Wednesday, Jul 19, 23 @ 4:20 pm
Bost needs to get a statement out.
He con’t let Bailey take the wind. Bailey is playing specifically to saying “those” people and he will fight “those” people, he will prosecute “those” people, he will ensure that “those” people don’t come to the district, he’ll formulate work requirements for “those” people”, he won’t give free food to “those” people.
For all the ills of Bost, Bailey is much worse when it comes to baiting. Funny though Bailey seems to forget with all his subsidies and free government money he is one of “those” people.
Comment by Frida's boss Wednesday, Jul 19, 23 @ 8:18 pm
It might have been useful if these issues were discussed before the bill was approved with virtually no debate.
Comment by Anonymous Wednesday, Jul 19, 23 @ 9:40 pm