The Illinois Supreme Court issued a decision Tuesday that will allow a state law ending cash bail to take effect September 18, despite a crime wave and concern that arrestees will commit more crimes while awaiting trial.
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A new law abolishing bail across the state of Illinois, passed by Democrats and signed by Gov. J.B. Pritzker , will free from jail thousands of suspects accused of second-degree murder, kidnapping, burglary, robbery, and other violent crimes. Beginning January 1, 2023, Illinois will become the first state in the nation to have eliminated cash bail — even for some of the most violent crimes. As a result, local district attorneys say they will be forced to free thousands of suspects accused of crimes like murder and kidnapping.
A group of local law enforcement agencies sued to stop the law from taking effect, and a judge declared the law unconstitutional. That decision was appealed to the Supreme Court, which overturned it.In a 5-2 opinion released Tuesday morning, the court ordered the elimination of cash bail as approved by the legislature to take effect in 60 days, on September 18.
Cunnington “ignored the plain language of the constitution,” the court wrote, pointing out that the state constitution “does not include the term ‘monetary’” when it says nearly all criminal defendants must be bailable by “sufficient sureties.”
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