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GRUNDY – Grundy County State’s Attorney, Jason Helland, filed a lawsuit requesting the Safe-T Act be deemed unconstitutional.
Helland stated the lawsuit was filed on Friday in Grundy County court with Grundy County Sheriff Ken Briley and names Gov. JB Pritzker and Illinois Attorney General Kwame Raoul as defendants.
Will County State’s Attorney, James Glasgow, also filed a lawsuit on Friday to put a stop to the elimination of cash bail in Illinois.
The Safe-T Act was signed by Pritzker on Feb. 22, 2021, with the elimination of cash bail going into effect on Jan.1, 2023.
The suit seeks an injunction based on the act violating the single-subject rule, separation of powers violation, and violation of the three readings clause.
“Granting the Attorney General increased powers to pursue certain civil matters and abolishing cash bail cannot accurately be said to remotely touch the same subject, a single subject violation exists and the public act must be struck down,” Helland’s lawsuit said.
HB3653 Complaint by maribeth wilson on Scribd
>The law includes provisions prohibiting law enforcement from arresting people for particular offenses, issuing a citation, and setting a court date instead. The act also eliminates the cash bail system or payments imposed by judges, as a condition of a person’s release pending trial.
Helland’s lawsuit alleges that the Safe-T Act will lead to increased delays in cases handled by his office, delays in the administration of justice, and increased staff and workload costs.
“Without the ability to secure the appearance of defendants for trial,[Helland] will be severely hamstrung in his ability to proceed with the prosecution of cases, much like the courts will be stripped of their inherent authority to manage their courtrooms,” Helland’s lawsuit said.
The lawsuit claims Raoul “possesses significant new powers” under the act including, the ability to conduct investigations into law enforcement officers, deputies, and correctional officers.
“Briley is further harmed by the fact that his employees (or the office itself) are now subject to pattern and practice investigations by Defendant Raoul, and thus must devote public resources to respond to the allegations whether they possess merit or not,” Helland’s lawsuit said.
Illinois Attorney General Kwame Raoul’s office was unavailable for comment.
Helland and Briley tried to work within the confines of the legislative process to educate the public, but both said their first priority is the safety of the community.
“We are doing our best for our community by ensuring our community is safe. I believe our community is worth fighting for,” Helland said.