Safe-T Act Ruled Unconstitutional

Kankakee County Judge Thomas Cunnington ruled late Wednesday that the elimination of cash bail provision in the controversial Safe-T Act was unconstitutional.

Cunnington ruled the Safe-T Act was unconstitutional on the basis that it violates the Separation of Powers Clause, violates the Victim Rights Act, and unconstitutionally amends Article I Section 9 of the Constitution because the voters were denied the right to vote on such amendments.

Cunnington said in his ruling that had the Legislature wanted to change the provisions in the Constitution regarding eliminating monetary bail, “They should have submitted the question on the ballot to the electorate at a general election.”

Cunnington also said it “stripped away” the Court’s ability to ensure the safety of victims and their families.

The immediate result is that pre-trial release provisions and bail reform will not go into effect in the 64 counties that were named in the lawsuit. The pother provisions of the Safe-T Act, such as body cameras and training, will be upheld.

Plaintiffs in the lawsuit consisted of 65 different counties in Illinois. Kankakee and Will Counties were the first to file lawsuits and, thereafter, the Illinois Supreme Court consolidated the lawsuits and sent them back to Kankakee County to be tried.

Attorney General Kwame Raoul said he will be filing an appeal with the Illinois Supreme Court.