East Central Reporter

State Rep. Blaine Wilhour (R-Beecher City) is protesting the reinstatement of the SAFE-T Act’s cashless bail provision known as the Pretrial Fairness Act. Wilhour believes it won't be effective.

Last Tuesday, July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state in the nation to eliminate cash bail. 

“The SAFE-T Act, and the end to cash bail, puts all of our citizens at risk,” Wilhour said on Facebook. “We’re going to be the only state in the country that’s doing this and there’s a reason why the other states aren’t doing this: because it doesn’t work. This was tried in New York City, and it was such an abject failure that they’ve backpedaled on it. We’ve just got a bunch of politicians in this state that are trying to out progressive each other, and it’s not good for the citizens of Illinois.” 

In the historic decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state to eliminate cash bail. The 5-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new bail rules take effect, as cash bail ends on Sept. 18.

Gov. J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000. Both justices voted in favor of reinstating cashless bail in the SAFE-T Act, according to The Heartlander. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth with the nonpartisan Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases, they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

On the heels of the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act, KHQA reported. They express concerns that the public could be endangered after the sunset of cash bails. The GOP also is worried that without cash bails, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, making Illinois the first state to eliminate cash bail entirely.