THE ILLINOIZE: Judge finds Pretrial Fairness Act unconstitutional...Will still take effect in 1/3 of counties on Jan. 1.
Here is the order. But here are the most applicable lines:
Therefore, the court finds that Public Acts 101- 652 and 102-1104 as they relate only to the pretrial release provisions do violate this separation of powers principle underlying our system of governance by depriving the courts of their inherent authority to administer and control their courtrooms and to set bail.
The court finds that declaratory judgment is proper in this case and that plaintiffs have met their burden to show to this court that P.A. 101-652 and P.A. 102-1104, as they relate only to the pretrial release provisions are facially unconstitutional and Declaratory Summary Judgment on the pleadings is entered in favor of plaintiffs and against defendants as to Count I, III, IV and V. As previously stated above, defendants have met their burden on Counts II, VI, VII, and VIII and summary judgment on the pleadings is entered in favor of Defendants on those counts.
From the AG’s office:
“Although the court’s decision is binding in the 64 cases that were consolidated in Kankakee County, it is important to note that it is not binding in any other case, including those involving criminal defendants in any of the state’s 102 counties. To definitively resolve this challenge to the pretrial release portions of the SAFE-T Act, Governor Pritzker, the legislative leaders named in the consolidated cases and I intend to appeal the circuit court’s decision directly to the Illinois Supreme Court, where we will ask the court to reverse the circuit court’s decision.
“Most of the SAFE-T Act’s provisions have been in effect for more than a year, and regardless of today’s circuit court decision, all parts of the SAFE-T Act, including the pretrial release portions addressed in the court’s decision, will go into effect Jan 1. For instance, the right of individuals awaiting criminal trials – people who have not been convicted of a crime and are presumed innocent – to seek release from jail without having to pay cash bail will go into effect in a few short days, despite the court’s ruling against those provisions. Illinois residents in all counties should be aware that the circuit court’s decision has no effect on their ability to exercise their rights that are protected by the SAFE-T Act and the Illinois Constitution.”