Astate judge ruled late Wednesday that Illinois’ SAFE-T act was unconstitutional, handing prosecutors a major win just days before the cashless bail law was set to take effect.
Kankakee County Circuit Court Judge Thomas W. Cunnington concluded the state legislature “improperly attempted to amend the [Illinois] Constitution” by ending cash bail with the Safety, Accountability, Fairness and Equity-Today Act. …
“This will undoubtedly lead to increased overtime, staffing needs, and other costs,” Cunnington wrote. “More importantly, it puts the Sheriff’s staff at increased risk. The court finds that this issue is not simply a police dispute, as defendants urge, but a clear matter of law enforcement safety.
“The court finds that had the Legislature wanted to change the provisions in the Constitution regarding eliminating monetary bail as a surety, they should have submitted the question on the ballot to the electorate at a general election,” Cunnington wrote. Further, he said “eliminating monetary bail … prevents the court from effectuating the constitutionally mandated safety of the victims and their families. This section of the Illinois Constitution is intended to serve ‘as a shield to protect victims.’”
[Finally, a moment of sanity — where we might least expect to find it. — Ed]
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