Daywatch: Illinois and the future of cash bail

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Good morning, Chicago.

Yesterday marked a victory for Democratic Gov. J.B. Pritzker when the Illinois Supreme Court cleared the way for the state to become the first in the nation to eliminate cash bail for criminal defendants awaiting trial, rejecting arguments from county prosecutors that the law violates the state constitution.

The legal challenges came during a heated campaign season in which GOP challengers to Pritzker and Democratic Attorney General Kwame Raoul unsuccessfully sought to pin the blame for pandemic-era spikes in crime on the SAFE-T Act, even though its most controversial provision, the elimination of cash bail, had yet to take effect.

The 5-2 decision was split along party lines, with the two Republican justices, David Overstreet and Lisa Holder White, dissenting.

“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,” Chief Justice Mary Jane Theis wrote in the majority opinion.

The justices gave trial courts 60 days to prepare for the new rules, with cash bail to be eliminated Sept. 18.

Read the full story from the Tribune’s Dan Petrella, Jeremy Gorner and Madeline Buckley.

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