The Illinois Supreme Court upheld the SAFE-T Act, eliminating cash bail in Illinois, effective from September 18, 2023. This law removed cash bail for misdemeanors and nonviolent felonies. Defendants can only be detained if they pose a danger to the community or are a flight risk.
While some law enforcement officials and prosecutors opposed the law, arguing it would make it harder to keep dangerous individuals off the streets, supporters highlighted that it ensures fair trials for those unable to pay bail.
This ruling marks a significant victory as it is the first time a state’s highest court upholds a law abolishing cash bail. It could potentially influence criminal justice systems in other states.
Moreover, studies indicate that cash bail does not contribute to community safety and may even increase crime rates.
On the other hand, arguments against abolishing cash bail state that it helps prevent the release of dangerous individuals before their trial and ensures defendants appear in court. Critics also argue that abolishing cash bail would lead to an increase in crime.
While the SAFE-T Act does not completely eliminate cash bail, it significantly restricts judges from detaining individuals solely due to their inability to pay. This ruling by the Illinois Supreme Court is a crucial advancement in criminal justice reform, promoting fairness and justice for poor individuals.
