McHenry Times

McHenry County State’s Attorney Patrick Kenneally is cheering a Kankakee County judge’s ruling overturning the SAFE-T Act due to its provisions eliminating cash bail. 

He underscored how the General Assembly needs reform instead of it reforming other government systems.

“This is a victory for the rule of law, which unfortunately the Illinois General Assembly and the Governor disregarded when passing this ‘solution in search of a problem’ legislation,” Kenneally said. “It is the legislative process, not the criminal justice system, that is broken in Illinois.” 

Kenneally said the SAFE-T Act is an ill-thought-out bill.

“Instead of drafting bail reform in collaboration with actual experts, such as judges, prosecutors, police, and defense attorneys who seek justice in courtrooms every day, the General Assembly and the Governor chose to enact the sophomoric ideas of well-financed activists. Instead of an actual deliberative process where the merits of the bill were thoroughly vetted and debated, the General Assembly chose to rush a bill through both houses in the dead of night during an irregular legislative session. Instead of following the Illinois Constitution that they are sworn and honor-bound to uphold, the General Assembly and the Governor chose political expedience. Until the General Assembly reforms its own cynical and might-makes-right deliberative process in a way that resembles something capable of distinguishing ideas in furtherance of the common good from political pap, it is in no position ‘reform’ other branches of government that actually work.”

In his ruling, Kankakee County Chief Judge Thomas W. Cunnington of the 21st Judicial Circuit Court of Illinois noted “The administration of the justice system is an inherent power of the courts upon which the legislature may not infringe and the setting of bail falls within that administrative power, the appropriateness of bail rests with the authority of the court and may not be determined by legislative fiat.” 

Chicago Criminal law professor Richard Kling said the ruling was a forgone conclusion noting that “The arguments raised all had merit, they weren’t frivolous,” the Chicago Sun-Times reported. 

The SAFE-T Act will still take effect on Jan. 1 in the 37 counties not included in the lawsuit, including Cook County. In those counties, thousands of inmates currently being held in jails while they await trial on serious crimes would be released. But after the judge’s ruling, the 65 counties involved in the lawsuit will not be subject to those provisions of the SAFE-T Act. The Act underwent changes after a campaign communications blitz revealed several glaring errors in the law. No Republicans voted for the bill or the subsequent changes. When the Safe-T Act is implemented in the surviving counties, those charged with the most heinous crimes—such as robbery, kidnapping, arson, second-degree murder, intimidation, aggravated battery, aggravated DUI, aggravated flight, drug-related homicide, and threatening a public official—will be freed, as Will County Gazette previously reported.