What public officials are saying about Illinois Supreme Court ruling on SAFE-T Act

Advocates and elected officials weighed in on the law ending Illinois’ cash bail system as the Illinois Supreme Court released a ruling Tuesday.

In a 5-2 decision handed down on partisan lines, the justices decided the Illinois Safety, Accountability, Fairness and Equity-Today, or SAFE-T, Act is constitutional and can take effect in 60 days.

Here’s what public officials had to say about the ruling:

Gov. J.B. Pritzker

“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure 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. My thanks to Attorney General Raoul’s office and the many people who worked tirelessly over the last months to defend these important reforms. I look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.”

Lt. Governor Juliana Stratton

“Today’s decision by the Illinois Supreme Court upholding the passage of the SAFE-T Act is a major step in the right direction on our journey to justice. All along, our goal has been to right the wrongs of policies that have disproportionately harmed Black, Brown and low-income Illinoisans while, at the same time, bolstering public safety by building a system that centers on accountability and fairness.

“The amount of money in one’s bank account should never be the determining factor of whether they should be released or detained while awaiting trial. To do so does nothing but criminalize poverty and this disproportionately impacts marginalized communities. Today’s victory is thanks to the hard work of Governor Pritzker, Attorney General Raoul’s office, the General Assembly, and the many advocates who have been tirelessly fighting for years for true community safety. We have made great strides, and we are forging ahead.”

Illinois Attorney General Kwame Raoul

“I am pleased — although not surprised — that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act. The court’s decision today holds — as my office has consistently advocated — that the General Assembly had the authority to eliminate cash bail and replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk. And it rejects the plaintiffs’ argument that courts must retain the authority to set cash bail free of legislative regulation — an argument that would have called into question decades of criminal justice reforms in our state.

“Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials — who have not been convicted of a crime and are presumed innocent — may spend extended periods of time incarcerated because they cannot afford to pay cash bail. The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.

“With the court’s decision today, the elimination of cash bail will soon take effect. Other parts of the act, not challenged by the plaintiffs, also remain in effect and will have a positive impact within the state. This includes my office’s authority to conduct pattern-and-practice investigations of civil rights violations by law enforcement and improvements to the police officer certification process that create uniformity for departments across the state, promote professionalism in law enforcement and increase transparency.

“Attorneys from my office have spent many months defending the SAFE-T Act’s constitutionality in courtrooms throughout Illinois against meritless challenges. I am proud of their dedication and appreciate their service to the people of Illinois.”

Madison County State’s Attorney Tom Haine and Sheriff Jeff Connor

“We are disappointed by the Supreme Court’s decision, and respectfully disagree with it. But our constitutional structure gives our Illinois Supreme Court the final say in interpreting our State Constitution, and we will continue to uphold and follow its decisions. Thankfully, due to diligent work over the past months and years, Madison County will be prepared for the Sept. 18, 2023 implementation ordered by the court, and will be coordinating the local law enforcement community toward that task in the weeks ahead. While rules may change, the commitment of our offices will not: We will always fight for victims of crime and strive to protect our community from lawbreakers.

“We are proud at least that the bipartisan litigation against the SAFE-T Act has given us nine more months to prepare, prevented the disastrous roll-out that was being rushed forward last winter, and played a role in instigating last December’s last-minute major amendment to the SAFE-T Act. This Amendment removed some of the most egregious aspects of the original SAFE-T Act and stopped its retroactive application, which would have wreaked havoc in our criminal justice system and swung our jail doors open wide. We can all be very glad that was avoided, and sincerely thank all those who are working hard to make continual improvements to this and other laws governing our criminal justice system in Illinois.

“We remain convinced that the SAFE-T Act is ill-conceived legislation that will take discretion and tools away from our local judges, impose serious unfunded burdens on local prosecutors, delay justice for victims of crime, and ultimately make our neighborhoods less safe. Obviously, its supporters disagree with that assessment. Now that the Supreme Court has allowed this law to go forward as designed, we will all know soon enough, and time will tell who is right or wrong. Frankly, we hope to be proven wrong. We hope that years from now the facts show that the SAFE-T Act’s changes have made us all more safe and secure and have not empowered criminals. But we doubt it. And if negative impacts from the SAFE-T Act’s revolutionary changes become undeniable in communities across this state over the coming years, we would hope the General Assembly and Governor will reverse course and give judges and prosecutors back the tools that this law stripped away from them. Public safety is too important.”

State Rep. Kevin Schmidt, R-Millstadt

“Today the Illinois Supreme Court acted to uphold the ‘no cash bail’ provision of the SAFE-T Act. This is a sad defeat for public safety in our state. Every citizen of Illinois deserves to live free of fear as they live, work, and raise a family. This decision will allow those accused of felonies to walk freely on our streets. We must find a balance between keeping our citizens safe, protecting everyone’s rights, and respecting law enforcement.”

State Rep. Charlie Meier, R-Okawville

“I voted against eliminating no-cash bail when this law passed in 2021. The Illinois Supreme Court’s decision to support the elimination of cash bail will set criminals free that should otherwise remain behind bars. I am very disappointed with the ruling made by the Illinois Supreme Court Democrat majority that was elected by Governor Pritzker. I have always stood with our police and will always back the men and women that wear the badge each day to help keep our communities safe.”

State Rep. David Friess, R-Red Bud

“The citizens of Illinois deserve to live, work, and raise their families in their communities without fear for their safety. Today, the Illinois Supreme Court acted to uphold the ‘no cash bail’ provision of the SAFE-T Act. Our state will be the first to enact a no cash bail system, and at a time when our crime rates are also at the top of the nation. This decision is extremely disappointing, and a loss for public safety in Illinois.”

State Rep. Amy Elik, R-Alton

“This ruling will put many detained criminals back on the streets much faster without having to post cash bail. I am disappointed in today’s Illinois Supreme Court ruling on the SAFE-T Act which ties the hands of judges and law enforcement, and does not support crime victims. I will continue to work with my colleagues in the General Assembly to enact laws that support law enforcement and keep our communities safe.”

State Sen. Jason Plummer, R-Edwardsville

“If there were any questions before, it is abundantly clear now to all Illinoisans how political our state’s highest court has become. This ruling was not about what is actually in our constitution, and it is not about what is best for the average Illinoisan. It is about politicians sitting on the bench and voting to support the extreme and dangerous agenda of this Governor and his legislative allies.

“It is unhealthy to our society for the judicial branch of government to become as politicized as it has become. The politics that has infected our highest court will now tie the hands of local judges and law enforcement who work hard every day to keep Illinoisans safe. This is dangerous to the brave men and women who serve in law enforcement, it is devastating to communities across our great state, and it is frightening to the families who just want safe neighborhoods. All of this simply because a few of our top elected officials kowtow to activists and are completely disconnected from the realities their constituents face every day.”

State Sen. Erica Harriss, R-Glen Carbon

“Today’s ruling is not only concerning for our law enforcement community and criminal justice system, but even more so for public safety. This Act limits our judges from using their full discretion on determining pre-trial conditions, making it difficult to combat violence within our communities. Ultimately, the poorly written SAFE-T Act is a reckless rewrite of our criminal justice system that puts victims and Illinois citizens at increased risk.”

State Sen. Terri Bryant, R-Murphysboro

“I am extremely disappointed by the Court’s ruling. Throughout the past few years, we have seen Democratic lawmakers prioritize the needs and wants of criminals within our judicial system over those of their victims and those seeking to protect them.

“Today’s ruling upholds that twisted and abhorrent mindset. The people of our state will be less safe once this Act takes full effect all across Illinois this September. And the further erosion of public safety that will undoubtedly follow will be all thanks to the Majority Party and this ruling.”

Illinois House Speaker Emanuel Chris Welch, D-Hillside

“Today the Supreme Court upheld the legislature’s promise to create a more equitable and fair criminal justice system — a system that can now better protect victims and will no longer allow violent offenders to buy their way out of jail. Today’s decision is a win for the people of this state, but also for our democracy. As duly elected representatives, we have the privilege and responsibility of creating policy that reflects our values as Illinoisans. Our state’s highest court rightfully ruled that frivolous lawsuits cannot and will not stop the legislative process.”

Illinois House Republican Leader Tony McCombie, R-Savanna

“Politically compelled public policy has never been in the best interest of the people. The liberal court’s decision today is not surprising, and this decision will undoubtedly hurt families and businesses around the state. Anyone that is familiar with the court system knows that this is not about the ability whether an offender can post bail, but a progressive movement to decriminalize crime and promote an environment for repeat offenders.

“This policy is not about bail reform, but about elevating criminals. The Illinois House Republicans will join families around the state to bring light to the failings of the liberal imbalance of the General Assembly. We know there is an approach to address comprehensive criminal justice reform, but that must start with offenders being held accountable for the crimes they commit.

“I look forward to working with victim advocates and our law enforcement partners to bring forth changes that ensure safe neighborhoods, thriving business districts and most importantly protect victims of crime.”

Illinois Senate President Don Harmon, D-Oak Park

“The court’s decision today culminates a long and challenging journey toward fundamental fairness in our legal system that would ensure the accused stay behind bars because they are dangerous, not because they lack dollars in their pockets. The unjust foundations of our society were not built quickly and they will not be dismantled with ease. But we have taken a great step forward today, and I look forward to the road ahead.

With the state’s high court having found the SAFE-T Act constitutional, I look forward to this landmark law being implemented fully and fairly throughout the state of Illinois.”

Illinois Senate Republican Leader John Curran, R-Downers Grove

“The long divisive court process instigated by the Democrat’s rushed reform of our criminal justice system opposed by nearly all Illinois law enforcement officials and states attorneys has now concluded with a divided Supreme Court Ruling.

“The legislature should finally heed the concerns of law enforcement, judges and their communities and immediately return for a special session to properly address the SAFE-T Acts’ negative impact on the public before this ill-conceived statute goes into effect in 60 days.

“While no person should be held in jail or let free because of their economic circumstances, the SAFE-T Act handcuffs law enforcement and judges making it more difficult for them to combat violent crime.

“It is possible to reform our cash bail system while keeping our communities safe and the legislature should return immediately to ensure that public safety is in no way jeopardized by the implementation of this reckless legislation before it takes effect.”

Illinois Fraternal Order of Police State Lodge President Chris Southwood

“Today’s ruling by the Supreme Court confirms Illinois’ status as the state of lawlessness and disorder. The court ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican, that the elimination of cash bail will put dangerous criminals back on the street, instead of keeping them in jail or forcing them to post cash bail as they await trial. Many of those offenders will commit crimes again within hours of their release. And who will have to arrest those offenders again and again? The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place. Today’s ruling is a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”

Illinois Sheriffs’ Association Executive Director Jim Kaitschuk

“While we are extremely disappointed in today’s ruling by the Illinois Supreme Court, it is not unexpected. While we are still reviewing the decision, we must continue to direct our efforts and attention to getting members of the law enforcement community ready for full implementation of the Act by September 18, 2023. We have, and will continue, to work with the General Assembly on subsequent bills to address areas of the original law that require additional attention. Illinois Sheriffs remain committed to working on behalf of our communities to keep citizens safe.”

Democratic Party of Illinois Chair Lisa Hernandez

“Today’s ruling by the Illinois Supreme Court is a victory in the fight for a fairer criminal justice system. For too long, our pretrial detention system has prioritized wealth over public safety, and ending cash bail in Illinois is crucial to ending unjust criminalization of poverty. I’m grateful to the governor and attorney general for their unwavering commitment to building a more equitable Illinois for all.”

Illinois Network for Pretrial Justice

“Today’s ruling in favor of the Pretrial Fairness Act ensures that Illinois will end money bond, one of the most glaring injustices in our criminal legal system. We are excited to work with stakeholders across Illinois to reduce pretrial jailing and build safer communities.

“Every year, Illinois incarcerates a quarter million people in its county jails. A majority of those people are jailed only because they cannot afford to pay a money bond. The implementation of the Pretrial Fairness Act will make Illinois the first state in the country to remove the price tag from the presumption of innocence. Ending money bond addresses both economic justice and racial justice issues in the pretrial system. In communities across Illinois, Black people have been disproportionately impacted by wealth-based jailing.

“The Pretrial Fairness Act will improve community safety by keeping millions of dollars in our state’s most marginalized communities every year. Studies have shown that even short periods of pretrial jailing make it more likely that someone will be arrested in the future. Giving people the opportunity to stay in their communities while awaiting trial will enable them to keep their jobs, housing and custody of their children, making us all safer. In 2020, Illinois collected more than $120 million in bond money. Ending wealth-based jailing will ensure that families are no longer forced to forego paying rent or to pool funds together to free their loved ones from county jails and will keep desperately needed resources in our communities.

“It is essential that county officials put politics aside and work together to properly implement the law. The court’s majority swept away political arguments and allows everyone in the state to benefit from ending money bond. From the moment the Pretrial Fairness Act was passed as part of the SAFE-T Act in January 2021, conservatives have used fear-mongering and misinformation to try to derail its success. Since the Act was signed into law, voters stood by the elected officials who passed the bill, legislators worked with law enforcement to make modifications, and now the state’s highest court has upheld it. Continued attempts to sabotage the Pretrial Fairness Act would not only dismiss the will of the people, but also jeopardize community safety.

“As Ella Baker once said, ‘we who believe in freedom cannot rest.’ This is a historic juncture in the fight against mass incarceration, but it is far from the end of our work. It is critical that we don’t stop at ending money bond and that realize our goal of dramatically reducing pretrial incarceration in our state. Ending money bond and reducing pretrial incarceration bring us closer to a future where our communities are safe, our people are supported, our system is fair, and wealth does not determine one’s freedom. On September 18, 2023, Illinois will take our first step down a long road towards that more just future.”

Treatment Alternatives for Safe Communities, Inc. President and CEO Joel K. Johnson

“The Illinois Supreme Court’s SAFE-T Act ruling expands access to pretrial freedom, freedom that allows individuals to prepare their legal defense while securing community-based behavioral health care that they may need, but which is rarely found in jail. TASC is eager to work with the SAFE-T Act’s legislative champions — State Senators Elgie Sims and Robert Peters and State Representative Justin Slaughter — to ensure full implementation of a statewide community-based pretrial service network.”

U.S. Rep. Mary Miller, R-Illinois

“Today, the Illinois Supreme Court erased the rights of crime victims by upholding the Pritzker SAFE-T Act, which will release dangerous prisoners onto our streets and make it even harder for law enforcement to protect our communities.

“By ending cash bail and ordering the release of dangerous criminals, JB Pritzker has made our neighborhoods and our families less safe in his desperate attempt to make Illinois more radical than California so that he can run for President.

“Our state’s attorneys are warning that almost HALF of inmates currently in jail could be released under the SAFE-T Act, which is why 100 out of 102 State’s Attorneys opposed the bill. Please pray for crime victims and our police officers as they face the latest danger unleashed by JB Pritzker’s radical pro-crime agenda.”

Candidate for Congress and former state Sen. Darren Bailey, R-Louisville

“As a steadfast supporter of law enforcement and law and order, I have consistently sounded the alarm about the perils posed by the SAFE-T Act. I have stood shoulder to shoulder with law enforcement officers throughout Illinois, cautioning against the detrimental impact this law would have on our neighborhoods.

“Today, the Illinois Supreme Court callously disregarded the plain language of our Constitution, which explicitly outlines the offenses subject to bail. Clearly, the court’s priority is politics, not the well-being of Illinois residents. The fact that the two newest court members received substantial campaign contributions from J.B. Pritzker raises serious concerns about impartiality. Once again, pay-to-play politics has triumphed over the safety and security of the people of Illinois.

“The ruling on the SAFE-T Act is a glaring example of how politics can overshadow the true needs and safety of our communities. I will not waver in my dedication to correcting this detrimental law and safeguarding the well-being of the people of Southern Illinois as their representative in Congress.

“I will always stand up to the status quo and demand better for the people. Whether it’s establishment Republicans selling out our values or extreme Democrats like J.B. Pritzker and Joe Biden, I will fearlessly stand up and fight to make our state safer and more affordable for every Illinoisan. And I will always put the needs of the people ahead of the special interests.”