Chicago City Wire

Gov. J.B. Pritzker signed policies that ended Illinois Judges’ ability to set cash bails before a defendant’s first court appearance, a victory for criminal reform and negatively grabbed Republican attention.

“Two state’s attorneys have filed lawsuits over the (Safety, Accountability, Fairness and Equity-Today) Act for violating the Illinois Constitution,” Republican Rep. Brad Stephens wrote on Facebook. “For decades, Democrats in the General Assembly have ignored the measures put in place to ensure transparency in the lawmaking process, resulting in bad public policy like the SAFE-T Act.”

Fox News reported that a Democrat state’s attorney, Jim Rowe of Kankakee, has joined the multitudes of people pushing back against the SAFE-T Act. Rowe alleges that the criminal justice reform legislation amends the Illinois Constitution, which can only legally be done via ballot measure.

“The Safe-T Act has effectively violated this section of the Illinois Constitution without a referendum vote of the people,” Rowe said. “The legislature does not have that power.” Rep. Kam Buckner retorted, "For all of these folks who are all of a sudden strict constitutionalists when it comes to the Illinois Constitution, I’ll remind them the death penalty is also in the Illinois Constitution.” 

Much of the controversy over the bill has been focused on a provision that eliminates cash bail in the interest of pre-trial "fairness."

While cash bail is under fire by Republicans, ACLU noted misinformation regarding it. ACLU called out lawmakers and news outlets for framing that ending cash bail will cause a “crime wave.”

“Cash bail doesn’t lower homicide rates,” ACLU explained. “Most places in the country still rely heavily on cash bail, including places that led the pack in increasing homicide rates. The few places that have reduced reliance on cash bail did so for years before 2020 without an increase in crime, including homicide.”

As of Jan. 1, the following offenses will be considered "non-detainable": arson, burglary, aggravated battery, aggravated DUI, aggravated fleeing, drug-induced homicide, intimidation, kidnapping, robbery, threatening a public official, and 2nd-degree murder. People who are charged with those crimes will be released without bail.

The State Journal-Register reported that an Illinois judge could still decide if a person is a “risk of endangerment” for the community and needs to stay in prison.

Supporters of the SAFE-T Act, including the Illinois Legislative Black Caucus, point to the legislation as a step toward making the justice system more equitable for minorities. Republicans have called the SAFE-T Act a “de facto defund the police bill" because of its additional regulations on police officers.

The Guardian reported the Republican party in Congress voted against President Joe Biden’s $350 billion anti-crime package in the American Rescue Plan, funding that could be for hiring more police officers.

The General Assembly has a chance to repeal the bill during the fall veto session, which is scheduled for Nov. 15, 16, 17, 29, and 30, and Dec. 1.