Peoria Standard

State Rep. Ryan Spain (R-Peoria) is expressing his disapproval of the reinstatement of the Pretrial Fairness Act, which is the cashless bail provision under the SAFE-T Act. 

On July 18, the Illinois Supreme Court upheld the constitutionality of the SAFE-T Act's provision, effectively eliminating cash bail in Illinois and making it the first state in the nation to do so. Opponents claim cashless bail can now be applied in cases of murder and rape. 

The Act faced significant opposition, with 100 out of 102 state's attorneys in Illinois expressing their opposition, and 64 of them joining in litigation to halt the implementation of the law. 

“Today’s ruling to uphold the SAFE-T is a great disappointment for reducing crime and supporting public safety in Illinois,” Spain said in a statement. “When this legislation was proposed in 2021, I watched Democrats use inappropriate maneuvers and lame-duck tactics to pass a flawed bill. Now Democrats have flexed their judicial gerrymandering to deliver a court ruling in their favor. This is a terrible outcome for the people of Illinois. We must redouble efforts to empower citizens to rid our government of corruption and unethical deal-making.”

The court's 5-to-2 vote came after a six-month delay caused by legal challenges against the provision. Critics argued that the law restricts judges' discretion in detaining individuals. Courts across the state will have a two-month preparation period before the new rules take effect on Sept. 18.

According to The Heartlander, Gov. J.B. Pritzker donated $2 million to two Illinois Supreme Court justices' campaigns, Mary O'Brien and Elizabeth Rochford, despite a law capping campaign contribution limits at $500,000. Both justices voted in favor of reinstating cashless bail in the SAFE-T Act. Critics have expressed concerns about potential conflicts of interest and call for oversight and recusal to maintain public trust in the judicial system.

“If we don’t have confidence in the opinions the judicial branch issues then our judicial branch is failing,” Chris Forsyth of the Judicial Integrity Project told The Center Square. “Political donations can lead to issues of judicial integrity and the United States Supreme Court has said so. In some cases, they have found political donations to be so grave that there is a conflict of interest that is impermissible.”

Republican lawmakers are voicing opposition and calling for a special legislative session to amend the SAFE-T Act, KHQA reported. They express concerns that the public could be endangered after the sunset of cash bails. The GOP claims that without cash bail, it would narrow the range of crimes for which judges can detain individuals, and impact funding for police departments. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends.