Posted on 07/18/2023 6:16:27 AM PDT by CFW
CHICAGO — Four months after hearing arguments, the Illinois Supreme Court will release an opinion on Tuesday that will either eliminate cash bail in the state or keep it as the law of the land. The court “anticipates” releasing its opinion in Rowe v. Raoul at 9 a.m., according to a statement.
The state legislature sweeping criminal justice legislation passed in 2021, known as the SAFE-T Act, banned using cash deposits as a pre-trial release “surety” effective January 1, 2023.
But dozens of state’s attorneys, sheriffs, and other local officials filed lawsuits challenging the law’s constitutionality. Those cases were combined into a single case heard in Kankakee County.
On December 28, three days before cash bail would be eliminated, Chief Judge of the 21st Judicial Circuit Thomas Cunnington decided that eliminating cash bail would be unconstitutional. But the judge found other aspects of the law challenged in the lawsuits passed legal muster.
(Excerpt) Read more at cwbchicago.com ...
In general simply going back will not do the trick.
My prediction is that cash bails will be kept as they are a decent piece of income for defense attorneys.
I don't believe defense attorneys get a cut of that action, but it is a significant source of revenue for the government and the bail bonds industry that surrounds every courthouse.
My prediction is that cash bails will be kept as they are a decent piece of income for defense attorneys.“
That may save it. Trial lawyers are among the rats biggest contributors. Public safety will not be an actual factor, not in Illinois.
https://abc7chicago.com/illinois-supreme-court-safe-t-act-ruling-safe-t-2023-cash-bail/13518009/
“SAFE-T Act provision ending cash bail constitutional, Illinois Supreme Court rules”
Ruling itself is embedded in article at above link.
Stay out of Illinois if you want to live.
> I don’t believe defense attorneys get a cut of that action,...
What happens is that the “defendant” signs over the cash bail as partial or complete payment for legal services. Bail usually ends up going to the attorney. Attorneys like this as it is one sure source of funds.
I once posted bail for somebody and went down to the courthouse to pick it up after the case was adjudicated - convenient for me as it was only down the block from where I lived (great neighborhood ;-) All the clerks were confused as to how to return it because it was so rare for an individual not forfeiting their money to the system. It was an illuminating experience.
It’s also a cash cow for the county/state. They keep 10% of the bond amount.
Never thought of that. Interesting
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