
Illinois Supreme Court Upholds Elimination of Cash Bail
Clip: 7/18/2023 | 3m 50sVideo has Closed Captions
The Illinois Supreme Court ruled on a law eliminating cash bail in the state.
Illinois will become the first state in the nation to entirely eliminate cash bail after the Illinois Supreme Court upheld a contentious portion of the criminal justice reform law known as the SAFE-T Act in a decision released Tuesday.
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Illinois Supreme Court Upholds Elimination of Cash Bail
Clip: 7/18/2023 | 3m 50sVideo has Closed Captions
Illinois will become the first state in the nation to entirely eliminate cash bail after the Illinois Supreme Court upheld a contentious portion of the criminal justice reform law known as the SAFE-T Act in a decision released Tuesday.
Problems playing video? | Closed Captioning Feedback
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>>> THE STATE'S HIGHEST COURT UPHELD A CONTENTIOUS PORTION OF THE CRIMINAL JUSTICE REFORM LAW.
ADVOCATES SAY THE DECISION BRINGS ILLINOIS CLOSER TO CRIMINAL JUSTICE REFORM.
>> THIS MEANS THE DECISION ON WHO GOES TO JAIL AND WHO DOESN'T WILL NO LONGER RELY ON HOW MUCH MONEY YOUR PARTNER OR YOUR GRANDMOTHER OR YOUR CHURCH HAS.
>> WTTW REPORTER MATT MASTERSON JOINS US NOW FOR MORE.
SO THIS HAS BEEN RULED UNCONSTITUTIONAL IN ILLINOIS.
WHAT DOES THIS MEAN?
>> IT MEANS PEOPLE NO LONGER BE HELD IN CUSTODY BECAUSE THEY CAN NO LONGER AFFORD TO PAY CASH BAIL.
UNDER THE CURRENT SYSTEM, PEOPLE WERE ARRESTED BASED ON FACTORS SUCH AS CHARGES OR THEIR CRIMINAL HISTORY.
A JUDGE WILL DECIDE TO RELEASE SOMEONE OR RETAIN THEM FOR TRIAL IF THEY POSE A FLIGHT OR SAFETY RISK.
>> SO THERE WERE A LOT OF TIMES LEGISLATORS WENT BACK TO TWEAK THINGS AND SAY NO.
REMIND US HOW THIS ENDED UP IN THE SUPREME COURT.
>> THERE WERE LEGAL CHALLENGES BROUGHT BY DOZENS OF STATE'S ATTORNEY ACROSS ILLINOIS.
A KANKAKEE COUNTY JUDGE RULED THAT THE CHANGE WAS UNCONSTITUTIONAL AND VIOLATED THE SEPARATION OF POWERS CLAUSE.
THE APPEAL TO THE STATE SUPPORT COURT BROUGHT US TO THIS RULING.
>> SO BY DISAGREEING WITH THE LOWER COURT IN KANKAKEE HE SAID HE DID NOT NECESSARILY DISAGREE WITH THE LAW BUT HE IS TRYING TO HELP JUDGES TO GET MORE LEEWAY TO HOLD VIOLENT OFFENDERS IN JAIL, CORRECT?
>> THAT'S CORRECT.
HE ISSUED A STATEMENT SAYING NOBODY SHOULD BE HELD ACCOUNTABLE TO PAY A BAIL, BUT HE BELIEVES THAT THIS COULD MAKE IT MORE DIFFICULT TO ENFORCE CERTAIN CRIMES.
>> LET'S LISTEN TO WHAT HE SAID QUICKLY.
>> THIS WAS A FLAWED LAW TO BEGIN WITH WITH A RUSHED PROCESS.
I WOULD HOPE THAT THERE IS A WILLINGNESS TO CONTINUE THE TWEAKING PROCESS TO GET THIS RIGHT.
WE ARE NOT THERE YET.
WE HAVE AN OPPORTUNITY TO GET LAW ENFORCEMENT TO THE TABLE.
>> IT WOULD NOT SEEM TO ME DEMOCRATS HAVE SUPER MAJORITIES AND THE MAJORITY WANTS TO GO BACK TO TWEAK THINGS, BUT WHAT ARE SOME OF THE OTHER FOLKS SAYING THAT HAVE BEEN OPPOSED TO THIS LAW?
>> THERE ARE THOSE WHO ARE OPPOSED TO THE CHANGE SAYING THAT THIS WOULD NEGATIVELY IMPACT PUBLIC SAFETY.
ADVOCATES HAVE BEEN PUSHING FOR THIS CHANGE FOR YEARS AND YEARS.
PEOPLE HAVE BEEN PUT IN JAIL SIMPLY BECAUSE THEY WERE UNABLE TO AFFORD CASH BAIL.
>> STATES ATTORNEYS GENERAL AND
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