Galesburg Reporter

Illinois state Rep. Travis Weaver (R-Edwards) voiced his disappointment regarding the Illinois Supreme Court upholding a law that eliminates cash bail- a decision that was made on Tuesday. Weaver posted on his webpage on July 18, highlighting how this law that was signed by Gov. J.B. Pritzker in 2021 puts the community in danger.

“I am very disappointed to see that No Cash Bail has been upheld by the Illinois Supreme Court," Weaver said. "This places criminals back on the streets after they’ve been arrested, putting you and your family in danger. We need strong and effective legislation that holds offenders accountable and keeps our communities safe, especially at a time when criminals are emboldened due to the Democrat-championed SAFE-T Act.”

According to The Illinois Criminal Justice Information Authority, the SAFE-T Act not only eliminates cash bail, but makes changes to how use of force must be reported or handled. For example, the Act expands officer training on crisis intervention, de-escalation, use of force, high risk traffic stops and more. It requires that use of force be reported to the FBI National Use of Force Database, and requires officers to intervene if other officers use unauthorized or excessive force. 

The SAFE-T Act also creates a decertification process for officers found guilty of complaints and misconduct, allows for investigations of anonymous complaints against officers, and creates a certification and decertification process.

Supreme Court documents show that the state Supreme Court overturned the previous ruling issued in December 2022 that called it constitutional. The July 18 decision written by Justice Mary Jane Theis said: 

“The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance. For the reasons that we have stated, we reverse the circuit court’s decision to grant summary judgment in favor of plaintiffs."

According to a report by ABC 7 Chicago, this would make Illinois the first state to eliminate cash bail. There has been plenty of controversy over the constitutionality of the law which was supposed to go into effect January 1. Law enforcement officials, legislators and prosecutors challenged with lawsuits almost immediately after it was signed by Gov. Pritzker. The report stated that the no-cash bail provision will now go into effect on Sept. 18.