Illinois Valley officials denounce cash-free bail

Law enforcement officers in the Illinois Valley were swift to denounce lawmakers when, in 2022, they enacted measures that overhauled the criminal justice system in Illinois.

On Tuesday, there were more denunciations, but this time they were directed at the Illinois Supreme Court for a ruling that upheld a state law ending cash bail across the state. Illinois becomes the first state to fully abolish cash bail, effective Sept. 18.

All I can say is I’m disappointed it wasn’t held unconstitutional, but we will adapt and do what the law says. That’s my job.”

—  Joe Navarro, La Salle County State's Attorney

In a 5-2 ruling Tuesday, the state’s top court overturned a lower-court ruling that ending cash bail was unconstitutional.

“The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims,” wrote Justice Mary Jane Theis. “The Act’s pretrial release provisions set forth procedures commensurate with that balance.”

Local prosecutors joined local legislators in condemning the Tuesday ruling.

“I am disappointed in the decision that was released today by the Illinois Supreme Court but will follow the law that will go into effect,” said Bureau County State’s Attorney Thomas Briddick. “The Bureau County State’s Attorney’s Office will continue to strive to protect members of the community and victims of crimes.”

La Salle County State’s Attorney Joe Navarro said he believes the ruling will usher in a host of unintended consequences.

Among these are a slew of new appeals. Navarro said any perceived breach of a detainee’s rights can be addressed through appeal. This will result in a massive influx of cases that will overwhelm the appellate prosecutor and appellate defender offices and require additional personnel at no small cost to the taxpayers.

Taxpayers can reasonably expect budgetary adjustments at the local level, too, as state’s attorney’s offices and public defenders anticipate an increase in what Navarro described as “onerous” paperwork.

“All I can say is I’m disappointed it wasn’t held unconstitutional,” Navarro said. “But we will adapt and do what the law says. That’s my job.”

State Sen. Sue Rezin (R-Morris) issued a statement Tuesday reminding voters she opposed the legislation, which was “passed in the middle of the night with little-to-no input from law enforcement, state’s attorneys and judges.”

In her statement, Rezin assailed the state’s top court for passing on the opportunity to reverse that error.

“The Illinois Supreme Court’s decision to uphold the SAFE-T Act in its entirety is disappointing,” Rezin said. “While I understand the movement to reform our cash bail system, there is a way to do that fairly while also better ensuring the public safety of our communities.”

In spring 2020, the Illinois Supreme Court Commission on Pretrial Practices endorsed bail reform, finding a defendant who can’t afford bail sees his or her life unravel within days — loss of a job, loss of child custody, health problems without access to medication. Democratic Gov. JB Pritzker issued a statement saying the reform ensures pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail.

Sen. Tom Bennett (R-Gibson City), whose district includes La Salle, Livingston, Putnam and Bureau counties, joined his Republican colleague in criticizing the decision.

“Eliminating cash bail without providing judges with broad discretion to hold dangerous individuals pre-trial will decrease public safety and make it harder for law enforcement to keep violent criminals off the streets and out of our communities,” Bennett said.

Bennett fears the SAFE-T Act will drive people from serving in law enforcement.

“It is an ill-conceived rewrite of our state’s criminal justice system that puts criminals above law enforcement and public safety,” Bennett said. “We have already seen police officers and sheriffs leave to find new careers because of the SAFE-T Act. With the ruling today, I fear it will be harder to find individuals to fill those positions and keep our communities safe.”