Judge rules Illinois' SAFE-T Act unconstitutional

A Kankakee County Circuit Court Judge has ruled parts of the controversial Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act violates Illinois’ state constitution.

The decision made Wednesday night focused on the pretrial release and bail reform provisions of the legislation, which is set to go into effect on Sunday.

The Kankakee County State’s Attorney’s Office said the immediate effect is that those provisions of the act will not go into effect in 65 counties that were party to the lawsuit.

Most southern Illinois counties joined the suit filed in November, including Massac, Pope, Pulaski, Union, Saline, Franklin, Jefferson, Jackson, Perry and Randolph.

The suit claimed that the SAFE-T Act is vague and contradictory. They charge that it eliminates a county court’s ability to set bail specifically stated in the Constitution, and violates the separation of powers when it prevents courts from setting bail and restricts courts’ discretion in issuing warrants when defendants fail to appear in court.

Governor JB Pritzker released a statement on his disappoint on the judge’s ruling.

“Today’s ruling is a setback for the principles we fought to protect through the passage of the SAFE-T Act,” Pritzker said. “The General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. We cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail. I look forward to the Illinois Supreme Court taking up the appeal as soon as possible.”

Attorney General Kwame Raoul said he intends to appeal the circuit court’s decision directly to the Illinois Supreme Court and ask the court to overturn the decision.



(AP Photo)