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Judge rules Illinois’ pre-trial fairness act unconstitutional

 
 
KANKAKEE – An Illinois Circuit Judge ruled yesterday that a provision to eliminate the setting of cash bail for those accused of crimes in the state is unconstitutional. The ruling decided by Judge Thomas Cunnington of the 21st Judicial Circuit means that the bail reform legislation that was set to begin on January 1st will not go into effect in the 65 counties that were part of the lawsuit. An appeal is expected to be filed by Governor JB Pritzker and Attorney General Kwame Raoul to the Illinois Supreme Court. Kankakee County State’s Attorney James Rowe argued the law violated a constitutional provision that says “all persons shall be bailable by sufficient sureties.” LaSalle, Livingston, Grundy, and DeKalb Counties were part of the lawsuit and will not be eliminating cash bail. Bureau, Lee and Putnam Counties, who were not part of the group of counties who combined their court cases to the 21st Judicial Circuit will eliminate cash bail on January 1st.
The other provisions of the Safe-T Act, such as body cameras, training and other reforms will begin at the start of the new year.
Governor JB Pritzker in a statement Wednesday said that people should not defend a system that fails to keep people safe by allowing those who are a threat to the their community the ability to simply buy their way out of jail.

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