Rockford Sun

U.S. Rep. Darin LaHood (R-IL) disapproves of the reinstatement of the Safe-T Act’s cashless bail provision known as the Pretrial Fairness Act. 

On 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. Opponents say the provision can be applied to the worst crimes such as murder and rape. The Act was opposed by 100 of 102 state’s attorneys in Illinois, 64 of which signed on to litigation to stop the law. 

“JB Pritzker’s soft-on-crime policies, like the SAFE-T Act, are making Illinois less safe,” LaHood said on Facebook. “As violent crime continues to rise, ending cash bail will harm law enforcement and our communities. The Illinois Supreme Court’s ruling is misguided and a step in the wrong direction.”

The court's 5-to-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 on Sept. 18.

According to The Heartlander, 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 the provision. 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.”

Opponents 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. Opponents claim that without cash bail, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends.

Most Democratic lawmakers support the provision.