UPDATED 2:37 P.M.
KANKAKEE, Ill. – The first lawsuit is being filed to try and get the so-called “cashless bail” provision of the “SAFE-T” Act thrown out.
Kankakee County State’s Attorney Jim Rowe is filing suit in that county’s court against Governor JB Pritzker and Attorney General Kwame Raoul.
Rowe wants the act declared a violation of the state Constitution.
In a news release, Rowe says the act denied voters the right to decide, citing Article 1 Section 9, which he says anyone arrested can be bailable by, “sufficient sureties,” except for capital offenses, offenses where there could be a sentence of life in prison, felony offenses where the sentence doesn’t include parole, and others.
“This lawsuit should not be necessary,” said Rowe, in a news release. “I surely believe that freedom should not hinge upon one’s ability to pay a bond, and that the criminal justice system is in dire need of reform, including bail and beyond. However, regardless of whether you agree with or reject the many reforms of the Safe-T Act, or even how we may each interpret them, one thing is certain: you cannot amend the Illinois Constitution without a referendum or Constitutional Convention”
Rowe also claims the Kankakee County Sheriff is on his side, as a number of sheriffs and state’s attorneys have spoken out about the lawsuit recently.
Just this week, local lawmakers claimed political games were being played, and that the state Supreme Court has clearly laid out cashless bail provisions.
“This lawsuit is a weak attempt to protect the status quo that lets murders and abusers pay their way out of jail,” said a statement from the Governor’s Office. “The SAFE-T Act not only prevents that from happening, but also provides law enforcement officers the tools they need to fight crime, like body cameras, additional training and access to mental healthcare. Victims’ rights organizations support the law and the state will defend creating a more equitable criminal justice system in court.”
