East Central Reporter

Greene County State's Attorney Caleb Briscoe says he is in support of the lawsuit that overturned the cash bail provision of the Safe-T Act. 

That provision of the law was deemed unconstitutional by a Kankakee judge in late December. 

"I hope many of you have heard by now that the SAFE T Act, at least as it pertains to No Cash Bail, has been determined to be UNCONSTITUTIONAL in the 65 Illinois Counties involved in the lawsuit against the Attorney General," Briscoe said on Facebook. "Sheriff McMillen and I wholeheartedly supported the litigation against the SAFE T Act, and believed we owed it to the People of Greene County, to make sure that we were part of the suit.  Therefore, as we move into the new year, in Greene County, law enforcement and the judicial system will continue to operate as if the no cash bail portion of the SAFE T Act, does not exist."  

He explained that "individuals arrested for any offense, will be required to either post a cash bond as set by statute, or be held until they are brought before a judge, who will determine an appropriate cash bond at the time of their appearance."  

"I believe I speak for all of us involved when I say that this is a win in terms of law enforcement's ability to defuse situations, keep victims, and the community in general safe, and hold those accused accountable for the charges against them," Briscoe said.   

Attorney General Kwame Raoul pledged "to appeal the circuit court’s decision directly to the Illinois Supreme Court" and "ask the court to reverse the circuit court’s decision." This was also noted by the Greene County State's Attorney in his statement.

"I would remind you all that this issue is far from over," Briscoe said. "The Attorney General will file an appeal to the Illinois Supreme Court, asking to have this ruling overturned. In the mean time, there will be bills moving through the legislature that will impact the no cash bail movement, and other law enforcement specific issues.  I urge you to contact your legislative representatives, if you have not done so already, to express your position on the matter."  

The Illinois State Supreme ruled on Dec. 31 - the day before the sweeping criminal justice reform was set to take effect - the law’s implementation should be delayed given rulings in lowers courts, CBS Chicago reported.

The provision had been ruled unconstitutional earlier in the week by Kankakee County Chief Judge Thomas W. Cunnington, of the 21st Judicial Circuit Court of Illinois. “The administration of the justice system is an inherent power of the courts upon which the legislature may not infringe and the setting of bail falls within that administrative power, the appropriateness of bail rests with the authority of the court and may not be determined by legislative fiat,” Cunnington wrote in his decision.

A group of 65 state’s attorneys banded together to challenge the law in Cunnington’s court. Several others followed suit with mirroring legislation after Cunnington’s ruling. 

“This is a victory for the rule of law, which unfortunately the Illinois General Assembly and the Governor disregarded when passing this ‘solution in search of a problem’ legislation,” McHenry County State’s Attorney Patrick Kenneally said, McHenry Times reported. “It is the legislative process, not the criminal justice system, that is broken in Illinois. ... Instead of drafting bail reform in collaboration with actual experts, such as judges, prosecutors, police, and defense attorneys who seek justice in courtrooms every day, the General Assembly and the Governor chose to enact the sophomoric ideas of well-financed activists.”