NW Illinois News

State Rep. John Cabello (R-Machesney Park) is criticizing 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. 

“The Democrat controlled legislature passed the so-called SAFE-T Act in the early morning hours in January of 2021. This huge legislation with massive impact to public safety was given little time for debate and provided for very little input from law enforcement. The Democrat Governor then signed it,” Cabello said in a statement. “The opposition from law enforcement, including nearly every Sheriff in the state, was almost unanimous. This bill was viewed as a danger to the public and their safety. The bill is an anti-law enforcement bill that prioritizes criminals over police and perpetrators over their victims. 'No cash bail' allows criminals to walk free while victims live in fear of perpetrators and their associates walking the same streets as they do.”

The Act was opposed by 100 of 102 state’s attorneys in Illinois, 64 of which signed on to litigation to stop the law.

“Two Democrat State’s Attorneys who put public safety over party affiliation were the first to challenge the SAFE-T Act in the court system," Cabello said. "Dozens more State’s Attorneys joined in the lawsuits and battled for justice for victims. Ultimately the new Democrat controlled Illinois Supreme Court ignored the victims and sided with this radical progressive agenda.”

The ruling has just made Illinois the first state in the nation to eliminate cash bail. Following the ruling, cashless bail can be applied to even the worst crimes such as murder and rape.

“The headlines say that Illinois is the 'first state to have no cash bail'. The Democrats in Chicago and Springfield have now made our state and all of our residents the Guinea Pigs for their big social experiment. Even California and New York State do not have ‘no cash bail’ but New York City and Los Angeles have the equivalent and the crime rates there are soaring,” Cabello said. “Keeping our people safe is the number one priority of any government entity and our Democrat dominated state have just launched a major offensive against every citizen’s right to not live in fear. The main argument in the case against the “no cash bail” provision of the SAFE-T Act was the premise that this issue should have gone to the people to decide as is provided for under our constitution. Evidently some elected officials don’t understand the oath they take to uphold our constitution and the duty they have to the safety of our people.”

In the historic decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state to eliminate cash bail. The 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 bail rules take effect.

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, The Heartlander reported. 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 with 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.”

After the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act. They express concerns that eliminating cash bail could endanger residents, narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, which according to KHQA would be on Sept. 18.