The Illinois attorney general's office filed its opening argument with the state's Supreme Court seeking to overturn a ruling on the SAFE-T Act.
Among the goals of the landmark criminal justice bill was the elimination of cash bail in the state, which would have made Illinois the first state in the nation to do so.Illinois cash bail questions raised by SAFE-T Act ruling will be settled by IL Supreme Court
On Dec. 28, Cunnington ruled that part of the act violated a requirement in the state constitution that requires defendants be bailable "by sufficient sureties," except for certain offenses. He also found that it violated the separation of powers between the judiciary and legislature. That language, it argued, doesn't explicitly include monetary bail. The attorney general's office also argued that history was on its side, stating "monetary bail was all but unknown at the time the 1818 Constitution was drafted."
"To be sure, defendants released before trial, or 'bailed,' historically were released with conditions, both monetary and non-monetary, meant to assure their appearance at trial. But the act's pretrial release provisions permit a court to do just that," the attorney general's office maintained.
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