Justices consider constitutionality of SAFE-T Act’s pretrial detention provisions

Justices consider constitutionality of SAFE-T Act’s pretrial detention provisions
Spread the love

By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com

SPRINGFIELD – The state’s highest court heard arguments Tuesday in a case that could drastically alter the legal landscape for criminal defendants who are incarcerated as they await trial.

It’s the latest development in the ongoing legal challenge to the pretrial detention provisions of the SAFE-T Act criminal justice reform – short for Safety, Accountability, Fairness and Equity-Today – which the high court put on hold in December just hours before it was scheduled to take effect.

The case pits Illinois’ attorney general, legislative leaders and governor, who wish to uphold the pretrial detention overhaul, against state’s attorneys and sheriffs representing 64 counties who say the legislature should have put a constitutional amendment to voters if they wanted to make such a change.

If the Supreme Court allows the pretrial detention changes to take effect, judges would no longer be able to incarcerate a defendant who is awaiting trial solely because they cannot afford to post bail. The system replacing cash bail would allow a judge to order pretrial detention based on an accused person’s level of risk of reoffending or fleeing prosecution. 

But the law would also create a list of lower-level nonviolent offenses for which a defendant cannot be held pretrial if they are not already out on pretrial release when committing the alleged offense or proven to be a “willful flight” risk.

The case was appealed to the Supreme Court by the state after a Kankakee County circuit court judge ruled in December that parts of the law were unconstitutional. The court must decide whether the state’s constitution gives the judiciary a “right” to assess cash bail and whether lawmakers overstepped their bounds by passing a law that infringes on such a “right.” 

The law’s opponents based their claims of unconstitutionality on two references to “bail” in the state’s constitution. Section 9 states that “all persons” accused of crimes “shall be bailable by sufficient sureties” except in certain specified circumstances. And Section 8.1, the Crime Victims’ Bill of Rights, notes a crime victim’s right to safety must be considered “in denying or fixing the amount of bail.”

In oral arguments before the high court Tuesday, Deputy Solicitor General Alex Hemmer with the attorney general’s office argued that if the circuit court’s ruling is allowed to stand it would severely limit the future authority of the General Assembly.

The high court, Hemmer argued, has consistently allowed the General Assembly to regulate pretrial practices, including by setting sentencing requirements, prohibiting the use of unsecured commercial bail bonds and prohibiting detention in certain circumstances.

“We’re talking about six decades of legislative regulation of pretrial practices that are all called into question by plaintiffs’ expansive reading of judicial power and their narrow reading of legislative power in this area,” Hemmer said.

The constitution’s mention of bail and “sufficient sureties” don’t imply a monetary nature, he argued.  He said that language was derived from the state’s 1818 constitution which passed at a time when the modern monetary bail system was “all but unknown.”

“Bailable just meant eligible for release on those conditions imposed by a court,” he said. 

Judges maintain the authority to impose conditions of release under the new law, he added.

But opponents argued the constitution’s mentions of “bail” essentially serve as a requirement that the state maintains a system of monetary bail.

In particular, the prosecutors argued that the Crime Victims’ Bill of Rights was brought to voters as a constitutional amendment in 2014, which was the proper avenue for such a change.

Kankakee County State’s Attorney James Rowe argued that lawmakers put amendments to the voters in the 1980s when looking to expand the list of nonbailable offenses in the constitution. He contrasted that effort with the January 2021 passage of the SAFE-T Act which moved quickly through the legislature and came for a vote in the middle of the night.

Hemmer countered that the constitution has multiple references to institutions that no longer exist.

“The bail clause itself refers to capital offenses, but there are no more capital offenses in Illinois,” he said. “No one would argue, I think, that the bail clause requires the state to maintain capital offenses simply by referring to it and the same is true here.”

Each side faced questioning from the court which has a 5-2 majority of justices who ran as Democrats.

Rowe was just one sentence into his opening remarks, stating his “oath in the interest of public safety” compelled him to challenge the law, when Chief Justice Mary Jane Theis interjected.

“So I’m gonna stop you right there,” Theis said before questioning whether the state’s attorneys had legal standing to bring the challenge

“This court has said a party has standing to challenge the constitutionality of a statute only insofar as it adversely impacts his or her own rights… How does this statute adversely impact the rights of elected state’s attorneys and sheriffs?” she asked.

Rowe responded the group had standing because they swore a duty to uphold the constitution. Theis responded that judges and lawyers also swear such an oath.

“Are you saying that every lawyer in the state of Illinois has standing to challenge a statute they don’t like?” she asked.

Rowe responded that he was not, but state’s attorneys “stand in a very unique position” because they “are the only ones that can go into a courtroom and file a petition … to deny bail to someone.”

He added that prosecutors “have an inherent interest in ensuring that we can move cases through the court system, that we can secure a defendant’s appearance at trial.”

“Why don’t you continue to have that right?” Theis interjected. “If you say it’s a right – a constitutional right, I’m not sure – but you say you have a right to ensure that defendants appear … doesn’t that continue under this Act?” she asked.

“Well, the act abolishes the opportunity for a state’s attorney to even request a monetary bail as a sufficient surety,” Rowe said. “And for the sheriff, the sheriff has to ensure effectively the safety of every law enforcement officer under his charge.”

Rowe argued that requiring sheriffs to serve a notice to appear and a warrant on two occasions doubles their risk of harm. And he later added prosecutors should be able to assert rights on behalf of a victim.

“So plaintiffs squarely believe that prosecutors and sheriffs have standing to pursue these matters. And we further believe that the act is unconstitutional,” he said.

The court put the case on an expedited schedule and a decision is expected later this year, although the court did not set a specific timeline.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.


Spread the love
ADS-Vedette-Edward-Jones-Abney-Vedette_CD_Ad_Week_1_of_13_6_29_2023_page-0001.jpg


Illinois News


Pritzker signs measure allowing new small-scale nuclear technology in Illinois
Pritzker signs measure allowing new small-scale nuclear technology in Illinois
Capitol Cast: Halfway through FY '24, CNI's Jerry Nowicki breaks down estimates and predictions
Capitol Cast: Halfway through FY ’24, CNI’s Jerry Nowicki breaks down estimates and predictions
Chicago utility pushes back against state oversight, asks for further rate increase
Chicago utility pushes back against state oversight, asks for further rate increase
State health plan declares racism a public health crisis
State health plan declares racism a public health crisis
For at least 6 months, state failed to act on Carlinville funeral director that mishandled remains
For at least 6 months, state failed to act on Carlinville funeral director that mishandled remains
Supreme Court rules teen bicyclist is covered by father’s auto insurance policy
Supreme Court rules teen bicyclist is covered by father’s auto insurance policy


Classifieds


Logo
Unveil the future of fashion with the Pelle Pelle Leather Jacket 2023 collection
30404-120th-ave_this-wont-last-long_1-1
Realtor
logo
CV writing service in Galway
Top CV Writing Service In UAE
cv maker uae
Personalized Challenge Coins in UK
Dan Seggebruch gave details about  the donations the family made to the Monee Historical Society and Crete Area Historical Society recently. He is holding a timber taken from one of the original buildings constructed 170 years ago on the Monee homestead. That spinning wheel in the photo is real, presumably used by his great-great-great-grandmother. –Photo by Karen Haave.

Seggebruch Family Marks Anniversary with Donation

Spread the love

Spread the loveBy Karen Haave A prominent Will County family has marked the 170th anniversary of its ancestors’ arrival in America, with donations to two local historical societies. Fourth and fifth generation descendants of the Seggebruch family gathered for a presentation of personal artifacts to the Monee Historical Society and to the Crete Area Historical…


Spread the love

Beecher Thinking About That Levy

Spread the love

Spread the loveBy Jeff Vorva The Village of Beecher Board Members agreed to take a little more time before deciding what they will do about the 2024 tax levy. Finance and Administration Committee Chairman Todd Kraus said at the November 27 meeting they could make a decision that night or table it, but it needs…


Spread the love
Vedette logo

Crete Looking at Golf Carts

Spread the love

Spread the loveBy Karen Haave Crete officials are looking at the possibility of allowing golf carts on village streets. An ordinance has been drafted to permit golf carts there, but Police Chief Scott Pieritz said during the November 27 village board meeting that it would need additional research before he would endorse it. “I am…


Spread the love
-Logo submitted.

Illinois Office of Tourism Names Cranky Mike’s Popcorn to Illinois Made Program4

Spread the love

Spread the loveGovernor J.B. Pritzker, alongside the Illinois Department of Commerce and Economic Opportunity (DCEO), elected officials, and industry leaders, proudly unveiled the latest inductees into the Illinois Made program, including Cranky Mike’s Popcorn in Momence. This year marks a significant milestone, as 48 exceptional small businesses, often referred to as ‘Makers,’ have been welcomed…


Spread the love
Village President Peter March got gas and made the first purchase at the Peotone Travel Center. –Photo by Jim Piacentini.

Peotone Travel Center Now Open for Business

Spread the love

Spread the loveBy Andrea Arens The Peotone Travel Center cleared the Fire Marshall on Friday, December 1, and immediately “soft-opened” for business. Village President Peter March was the first customer. “We are excited to have the Peotone Travel Center open for business today, December 1. It has been a long journey but seeing the final…


Spread the love
Rural fire in Beecher engulfs structure. –Photo submitted.

Extensive Rural Fire Kills 4 Horses

Spread the love

Spread the loveAt approximately 3:37 p.m. on Sunday, November 26, the Beecher Fire Protection District, along with automatic aid, responded to a structural fire at 1624 E. Eagle Lake Road. Due to reports of animals still inside the building, the alarm was escalated to the full still alarm level prior to arrival. The first suppression…


Spread the love
Will County Clerk Lauren Staley Ferry is excited about the new Will County state-of-the-art election equipment that will be in place for the 2024 elections. –Photo submitted.

New State-of-the-Art Election Equipment Demonstration Planned

Spread the love

Spread the loveWill County Clerk Lauren Staley Ferry is inviting the public to a demonstration of new state-of-the-art election equipment that will be used to cast and count ballots in next year’s Primary and Presidential Elections. County Clerk Staley Ferry and her team will conduct demonstrations of the new ballot counters, ADA-compliant ballot-marking devices, and…


Spread the love

Christmas in Manteno

Spread the love

Spread the loveSpread the love


Spread the love
Vedette logo

Gotion Rezoning Unanimously Approved

Spread the love

Spread the loveBy Stephen Nelson The recent Planning Commission meeting was a stark contrast to the November 21 special meeting of the Manteno Planning Commission that lasted more than four-and-a-half hours and, at times, became quite contentious, when opponents of the project, which would bring an electric vehicle battery manufacturing plant owned by Chinese interests…


Spread the love
–Logo submitted.

Kankakee County Museum Presents Gallery of Trees and More

Spread the love

Spread the loveThe Kankakee County Museum, 801 S. Eighth Avenue, Kankakee, invites area residents to the annual Gallery of Trees. Celebrating 45 years of this beloved local tradition, this year the Museum is filled with more than 35 trees decorated by area non-profit organizations, based on favorite themes from the past 45 years. Traditionally, more…


Spread the love
Madi Schroeder and Coach Steve Strough are all smiles after she joined the elite 1,000 Point Club. Congratulations, Madi!!! –Photo submitted.

Madi Schroeder Joins 1,000 Point Club!

Spread the love

Spread the loveSpread the love


Spread the love
–Logo submitted.

Child Network Offering CASA Training

Spread the love

Spread the loveEvery year, more than three million children nationally are reported abused or neglected. Despite the states’ attempts to help, many of these kids become trapped in the court and child welfare maze and can spend their childhood moving from one temporary shelter to another. This is where you can step in by becoming…


Spread the love
Police blotter logo

Peotone Police Blotter: November 28 – 30

Spread the love

Spread the loveNovember 28, the Peotone Police, after effecting a traffic stop on a vehicle failing to yield to merging traffic, placed the driver, Ms. Martinez, under arrest for driving while license is suspended. Two citations were issued to the driver: Driving with suspended license and failing to yield to merging traffic. Martinez was given…


Spread the love
Former trooper seeks restoration of driving privileges nearly 16 years after fatal crash

Beecher Police Blotter: October 25 – November 26

Spread the love

Spread the loveDisclaimer: Charges against each defendant are merely accusations, with all defendants presumed innocent unless proven guilty in a court of law. October 25, Lemere Lindsey, 23, of the 150 block of Del Mar Lane, Aurora, was a passenger in a vehicle stopped at Dixie Highway and Indiana Avenue for having an expired registration.…


Spread the love
Upcoming events logo

Legion Fish Fry December 9

Spread the love

Spread the loveDon’t forget to stop by  Peotone American Legion Post 392, 109 E. North Street, from 4:30 to 6:30 p.m., for some delicious fish after a great day at Christmas in the Village. Dinners (all-you-can-it, if dining in) are $15 for either perch or catfish and include French fries, cole slaw, bread and butter,…


Spread the love