After months of debate about the pros and cons to the SAFE-T Act criminal justice package, a judge ruled that the Illinois end of cash bail is unconstitutional. The decision does not affect the counties that challenged the measure, so confusion persists.

Judge Thomas Cunningham ruled for the plaintiffs, 65 district attorneys, and sheriffs throughout the state who had filed lawsuits alleging that the Pre-Trial Fairness Act wasn’t constitutional.

Judge said that SAFE-T Act was in violation of the separation of powers as well as the Victims’ Rights Act. He also noted that the Illinois Supreme Court had previously ruled that judges have an “independent, inherent authority” to denial or revoke bail to preserve the orderly criminal procedure.

The SAFE-T’s cashless bail provision limited the judges’ ability to set cash bills for specific crimes.

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The Kankakee County Attorney said that the court ruling will mean that the bail reforms as outlined in the law won’t take effect in 64 counties which filed lawsuits against the measure. At a news conference on Thursday, Patrick Windhorst (R-Metropolis), stated that this is not a good situation.

Windhorst stated, “So we’re here now with the potential chaos that might ensue starting Jan. 1.” “We will have cash bail systems in all counties of the state, and cash bail systems in other counties. It is possible that some counties will not have cash bail or will be eliminated.”

Jim Durkin (R-Western Springs) is calling for both sides to reach an agreement on the Safe-T Act cash bail and a fair and reasonable cash bail bill.

Durkin stated, “Or I would ask each party to stop the implementation of SAFE-T Act whilst this matter is being appealed.”

The Illinois Attorney General’s Office is expected to appeal to the Illinois Supreme Court.

Illinois Gov. J.B. Pritzker issued the following statement as a response to the ruling

“Today’s ruling is an affront to the principles that we fought for through the passage the SAFE-T Act. Advocates and the General Assembly worked together to change an outdated criminal justice system into one that is fair and equitable. We can’t and shouldn’t defend a system that doesn’t keep people safe. This would allow those who pose a threat to their communities to buy their way out jail. I am grateful to the Attorney General for his efforts in this case. I look forward to the Illinois Supreme Court hearing the appeal as soon possible.

All sides reacted to the verdict, including Blaine Wilhour (R-Beecher City), State Rep.

Wilhour stated that Constitutional concerns regarding the SAFE-T Act had been raised at multiple times, but that the majority party decided to ignore them. “The SAFE–T Act wasn’t about keeping communities safe. It was about infusing the criminal justice system with woke ideology, and completely changing our Constitution.