ST. CLAIR COUNTY, Ill. — A St. Clair County judge on Friday granted an emergency temporary restraining order and preliminary injunction preventing the pretrial release provisions in Illinois' SAFE-T Act from taking effect in the county on New Year's Day.
St. Clair County State's Attorney James Gomric and St. Clair County Sheriff Rick Watson argued they would "suffer an irreparable injury in the event the SAFE-T Act's pretrial release provisions are enforced."
The ruling by Judge Julie Katz comes days after a Kankakee County judge ruled parts of the act related to eliminating cash bail unconstitutional but failed to block it from taking effect.
Kankakee County Judge Thomas Cunnington denied the injunction 64 state's attorneys and sheriffs sought in filing the case on the basis that it violates the separation of powers clause, the Victim Rights Act and unconstitutionally amends Article 1, Section 9 of the Illinois Constitution because the voters were denied their right to vote on such amendments.
In his ruling, Cunnington found that “had the legislature wanted to change the provisions in the Constitution regarding eliminating monetary bail … they should have submitted the question on the ballot to the electorate at a general election” and said the legislature’s action in violation of the separation of powers “stripped away” the court’s ability to ensure the safety of the victim and victim’s family.
The SAFE-T Act, boiling up from the May 2020 police-involved murder of George Floyd in Minnesota, has raised hackles since inception. In addition to dropping bail, the plan outlines numerous plans for additional police training, use-of-force by law enforcement, the filing of anonymous complaints against officers, use of body cameras and more. Some police organizations have reported high numbers of retirements from their ranks and difficulty in recruiting newcomers who are afraid of becoming hamstrung on the job.
Pretrial release became a lightning rod. Republicans claim it will mean the release of violent criminal suspects with no assurances they'll return for trial. But proponents say it's unfair that a person with limited resources has to stay jailed before trial while a wealthy one can bail out.
Cunnington agreed with the lawsuit's plaintiffs that the constitution provides for bail as a means of ensuring a defendant's appearance at trial.
Attorney General Kwame Raoul and other Democratic leaders contend that reform is there as reassurance to the accused that they have an opportunity to remain free while awaiting trial.
Without an injunction in the suit, nothing stops the law from taking effect, Raoul said. And one circuit court's ruling does not bind other jurisdictions.
Raoul on Friday notified the state Supreme Court that he will appeal Cunnington's ruling.
A hearing on the matter in St. Clair County is scheduled for Jan. 9.
The Associated Press contributed to this report.
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