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Madison County state's attorney, sheriff file lawsuit against Illinois SAFE-T Act

Madison County State's Attorney Tom Haine and Sheriff John Lakin alleged the act is unconstitutionally vague and will cause significant delays in criminal cases.

MADISON COUNTY, Illinois — Madison County State's Attorney Tom Haine (R) and Sheriff John Lakin (D) announced Wednesday they had filed a bipartisan lawsuit against the Illinois SAFE-T Act.

The SAFE-T Act, which would go into effect Jan. 1, addresses a wide variety of criminal justice issues and eliminates cash bail. Prosecutors have been among the loudest voices criticizing the move. 

Among the claims in the lawsuit is that the SAFE-T Act is unconstitutionally vague and that eliminating cash bail statewide will lead to significant delays in criminal cases.

“The bipartisan opposition to the SAFE-T Act is not about politics," Lakin said in the statement. "It is about public safety. This lawsuit gives our court system an opportunity to properly vet this law where our political branches have failed, and protect the citizens of Madison County from the disaster that is the SAFE-T Act as it is currently written.”

Click here to read the full 28-page lawsuit.

“We are being asked to prepare for a law that upends our entire justice system and governs our ability to bring criminals to justice but are given no clarity about what the rules will be on January 1," Haine said in the statement. "We regret it has come to this, but this lawsuit will give us a final chance to prevent the SAFE-T Act from going into effect as currently written.”

In September, Haine wrote a three-page letter excoriating the upcoming changes and sat down with 5 On Your Side for an interview where he vigorously defended cash bail.

RELATED: Prosecutor predicts Safe-T Act will lead to 'greatest jailbreak' in Madison County history

Watch the full interview with Tom Haine below:

The Black Caucus, which was the driving force behind Gov. J.B. Pritzker signing the act in 2021, argued the country's criminal justice system historically and systemically targeted poor people and people of color. By removing money from the bond system, the caucus said prosecutors and judges could focus their detention decisions on public safety and risk assessments.

To watch 5 On Your Side broadcasts or reports 24/7, 5 On Your Side is always streaming on 5+. Download for free on Roku or Amazon Fire TV.

 

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