Pritzker signed the Safe-T Act into law in January 2021. Some of the more controversial parts of the act — such as getting rid of cash bail — weren’t scheduled to go into effect until January 2023. In December 2022, Pritzker signed changes to the SAFE-T Act. The bill was amended to expand the list of detainable offenses; it also specified what prosecutors have to show a judge in order to get a defendant held before a trial.
“Although the court’s decision is binding in the 64 cases that were consolidated in Kankakee County, it is important to note that it is not binding in any other case, including those involving criminal defendants in any of the state’s 102 counties. To definitively resolve this challenge to the pretrial release portions of the SAFE-T Act, Gov. Pritzker, the legislative leaders named in the consolidated cases and I intend to appeal the circuit court’s decision directly to the Illinois Supreme Court, where we will ask the court to reverse the circuit court’s decision,” Raoul wrote in a press release.
The Illinois Supreme Court currently has a Democratic majority. Earlier this year, during the 2022 midterm election cycle, two seats were up for election, generating fears that the court would turn majority Republican, which has not happened in 50 years. However, those seats were won by Democrats.
Raoul stated that most of the act’s provisions have been in effect for more than a year, adding that “regardless of today’s circuit court decision, all parts of the SAFE-T Act, including the pretrial release portions addressed in the court’s decision, will go into effect Jan 1.” He included the abolishing of cash bail as an example.
“Illinois residents in all counties should be aware that the circuit court’s decision has no effect on their ability to exercise their rights that are protected by the SAFE-T Act and the Illinois Constitution,” Raoul added.
In his own statement, Pritzker said the “ruling is a setback for the principles we fought to protect through the passage of the SAFE-T Act. The General Assembly and advocates worked to replace an antiquated criminal justice system with a system rooted in equity and fairness. We cannot and should not defend a system that fails to keep people safe by allowing those who are a threat to their community the ability to simply buy their way out of jail. I thank the Attorney General for his work on this case and look forward to the Illinois Supreme Court taking up the appeal as soon as possible.”