DeKalb Times

DeKalb County State's Attorney Rick Amato is disapproving of the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act. 

On July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act as constitutional, making Illinois the first state in the nation to eliminate cash bail. Opponents claim cashless bail can be applied to murder and rape. The Act was opposed by 100 of 102 state’s attorneys in Illinois, 64 of which signed on to litigation to stop the law. 

“I’m disappointed that the decision went the way it did,” Amato told Shaw Local News Network. “As months started to drag on into the waiting for the decision, it became evident of what the decision was going to be. Affirming the decision in Kankakee wouldn’t have taken the months that it did. So I expected after this started to go as long as it did, that this would be the way the Supreme Court would rule.” 

The court's 5-to-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new rules take effect on Sept. 18.

According to The Heartlander, Gov. J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000. Both justices voted in favor of reinstating cashless bail in the SAFE-T Act. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth of the Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases, they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act, KHQA reported. They claim that the public could be endangered after the sunset of cash bail. The GOP also claims that without cash bail, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends.