GALESBURG, Ill. — A resolution on whether or not cash bail will be eliminated in Illinois may not happen until April, according to Knox County State's Attorney Jeremy Karlin.
This comes just over a week after a judge in Kankakee County ruled that the cash bail provision of the SAFE-T was unconstitutional. Illinois Attorney General Kwame Raoul appealed to the Illinois Supreme Court and justices announced on Saturday, Dec. 31 the Pretrial Release Act is on hold until the court hears the appeal.
Karlin's Thursday announcement also includes the following briefing schedule, which is the same schedule outlined in court documents from the Illinois Supreme Court:
- Record on Appeal: Friday, Jan. 20. This means all exhibits and transcripts from the trial court must be sent to the Supreme Court, Karlin said.
- Defendants-appellants' opening brief: Thursday, Jan. 26. This applies to the Illinois government and attorney general.
- Plaintiffs-appellees' response brief: Friday, Feb. 17. This applies to the group of states' attorneys challenging the law.
- Defendants-appellants' reply brief: Monday, Feb. 27.
- Oral argument: In the March calendar.
Karlin believes one of three possible outcomes are possible for this appeal:
- The Illinois Supreme Court finds the Pre-Trial Fairness Act constitutional and sets a new effective date.
- The Illinois Supreme Court finds the Act unconstitutional and leaves it to the legislature to determine a new path for bail reform.
- The Illinois Supreme Court finds the Act unconstitutional and issues its own rules reforming or eliminating the cash bail system.
More than 60 state attorneys across the state of Illinois are involved in the lawsuit. That includes state attorneys in Carroll, Fulton, Henderson, Knox, Lee, Mercer and Ogle counties in the Quad Cities viewing area.
There are other parts of the SAFE-T Act that are already in effect as of Jan. 1. That includes policies like police reform, body cameras for officers and updated complaint processes.
Only the bail reform portion of the SAFE-T Act (the Pretrial Fairness Act) is being challenged in court, not the whole law, so the other parts remain in effect.
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