The Illinois Supreme Court upheld the state's law eliminating cash bail on Tuesday, ending a monthslong debate about whether or not the reform was constitutional.
The state's high court ruled 5-2 that the Illinois Constitution does not require cash bail in criminal trials, reversing the decision of a Kankakee County judge.The constitution"does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public," the ruling stated."Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims.
In a statement following the Supreme Court decision, Pritzker said he was"pleased" the court upheld the state's decision to eliminate cash bail. Cook County State's Attorney Kim Foxx, who is not seeking another term, was a vocal supporter of eliminating cash bail. She said in a statement on Tuesday that keeping the law in place will allow the state to replace cash bail with a"detention process based on community safety and not on the financial fitness of defendants."
"The people of Illinois deserve better than bail reform that is passed under cover of darkness at 4 a.m. when all the state was sleeping; they deserve to have a voice in any constitutional amendments through the power of their vote; and they deserve to be governed by a government of, for and by the people — not by legislative or gubernatorial fiat. That was the essence of our lawsuit and we stand for those principles still today," Rowe said.
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