UPDATE– Gov. Pritzker has released a statement on the Safe-T Act ruling,

“Today’s 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.”

JB Pritzker

SPRINGFIELD, Ill. (WMBD)– House Bill 1095, or the SAFE-T Act, has been ruled against by a Kankakee judge. The cash bail provisions were severed from the SAFE-T Act after the judge found the elimination of cash bail provisions unconstitutional. The state is immediately filing an appeal to the Illinois Supreme Court.

The lawsuit by several prosecutors and sheriffs around the state was brought before a Kankakee County judge. Kankakee County State’s Attorney James Rowe argued that the current law was too broad and in violation of the Illinois Constitution. Rowe said the bill doesn’t meet the “single subject rule“ and it also violated a constitutional provision that says “all persons shall be bailable by sufficient sureties,” insisting that Illinois judges should be allowed to set cash bail.

Illinois Senate Democratic Caucus said the clarifications to the bill were made in “collaboration with law enforcement, states attorneys and other stakeholders.”

The SAFE-T Act was signed into law by Gov. Pritzker this year after undergoing several amendments in the Illinois General Assembly.

The SAFE-T Act legislation aims to help take the burden of cash bail off of lower-income or marginalized communities in Illinois. Advocates of the bill say that cash bail for non-violent charges can force marginalized people to wait weeks if not months for their day in court. Opponents of the bill say it will lead to an increase in crime in Illinois.

Several amendments to the bill were passed to clarify language before being signed by Pritzker. Amended aspects of the bill were the detention net, processes for transitioning to cashless bail, and definitions of willful flight and dangerousness.