McHenry Times

McHenry County Sheriff Robb Tadelman said he is determining next steps after the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act. 

On Tuesday, July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state in the nation to eliminate cash bail. Following the ruling, cashless bail can be applied to even the worst crimes such as 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. 

“The McHenry County Sheriff’s Office has been made aware of today’s ruling on the SAFE-T Act by the Illinois Supreme Court,” Tadelman said on Facebook. “While we are still reviewing the decision, we will continue to work with the State’s Attorney’s Office, Court Administration and the County Administration assuring the members of the law enforcement community are prepared for full implementation of the Act by September 18, 2023.” “The McHenry County Sheriff’s Office remains committed to working on behalf of our communities to keep citizens safe.”

In the historic decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state to eliminate cash bail. The 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 bail rules take effect, as cash bail ends on Sept. 18.

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, according to The Heartlander. 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 with the nonpartisan 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.”

On the heels of the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act, KHQA reported. They express concerns that the public could be endangered after the sunset of cash bails. The GOP also is worried that without cash bails, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, making Illinois the first state to eliminate cash bail entirely.