An Illinois judge ruled Wednesday that parts of the state’s controversial SAFE-T act was unconstitutional just days before the cashless bail law was scheduled to take effect.
Kankakee County Circuit Court Judge Thomas W. Cunnington wrote that the Illinois state legislature “improperly attempted to amend the Constitution” and said elements of the law violate the Constitution’s separation of powers clause.
The SAFE-T Act, originally passed in January 2021, changes how courts handle criminal defendants and attempted to abolish cash bail.
The judge, in siding with the plaintiffs, found 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,” adding that courts had their abilities “stripped away” by the legislature….