On Tuesday, the Illinois Supreme Court heard arguments in the case challenging the “SAFE-T Act,” in which prosecutors argue the no-cash bail provision is unconstitutional. In late December, just days before the provision was set to take effect, a judge in Kankakee County ruled in favor of more than 60 State’s Attorneys and declared the controversial provision violated the Illinois Constitution. An appeal was promptly filed by Illinois Attorney General Kwame Raoul.
During this week’s hearing, the lawyers’ arguments centered largely on whether legislators have the authority to make such a large change to pretrial procedures. Attorneys representing the State’s Attorneys argued the law is an overreach by the legislative branch. Additionally, the case was made that the Constitution requires judges to have the ability to set monetary bail.
While the hearing of the case was expedited, the Illinois Supreme Court Justices gave no timeline as to when they will issue a ruling.