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Thursday, May 2, 2024

Rezin: SAFE-T Act ruling 'is unsurprising and a victory for the victims that this law would neglect'

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Sen. Sue Rezin (R-Morris) | Photo Courtesy of Sue Rezin Facebook

Sen. Sue Rezin (R-Morris) | Photo Courtesy of Sue Rezin Facebook

In a Dec. 29 Facebook post, Sen. Sue Rezin (R-Morris) called a judgment against the end of cash bail "a victory for the victims that this law would neglect."

“The Kankakee County Circuit Judge’s ruling that the pretrial portion of the SAFE-T Act as unconstitutional is unsurprising and a victory for the victims that this law would neglect,” she said on Facebook. “The SAFE-T Act has been riddled with countless flaws and issues that started when it was drafted in the middle of the night and have remained in every so-called 'fix' presented by the Democratic Leaders in the General Assembly.”

On Dec. 28, 2022, Kankakee County Chief Judge Thomas W. Cunnington granted a summary judgment against Illinois Attorney General Kwame Raoul, Gov. J.B. Pritzker, House Speaker Emanuel Chris Welch, and Senate President Don Harmon. He noted in the decision that, "Bail exists, as it has for centuries, to balance a defendant’s rights with the requirements of the criminal justice system, assuring the defendant’s presence at trial, and the protection of the public." He also wrote: "The court finds that plaintiffs meet their burden because a legislative prohibition of monetary bail in all instances clearly violates the constitution’s express mandate of separation of powers. Specifically, because under section 110-1.5 all judges will be categorically prohibited from even considering in their discretion a monetary component to the conditions of release, the judiciary’s inherent authority to set or deny bond will necessarily be infringed in all cases if P.A. 101-652 and P.A. 102-1104 become effective."

The Illinois Supreme Court also issued a ruling regarding the SAFE-T Act, on Dec. 31. This action means that cash bail is still the rule in Illinois.

Rezin has been a vocal critic of the SAFE-T Act. On Dec. 1, she wrote in a Facebook post, following passage of a bill amending the SAFE-T Act. "This afternoon, House Bill 1095, which makes some changes to the SAFE-T Act, passed out of the Senate along a party line vote. House Bill 1095 falls far too short of addressing the real concerns that law enforcement officials, state’s attorneys, and the public have regarding the SAFE-T Act to justify its passage. Our judicial branch is still denied the discretion they should have in order to keep the public safe and there are still offenses like burglary that cannot be detained. Even worse, HB 1095 amends the SAFE-T Act to make it more difficult for the public to learn about an arrested individual who may be out on pre-trial release for a different offense. The decision to do as little as possible to fix the real problems within the SAFE-T Act is a disservice to the people of Illinois and frankly embarrassing considering the Majority Party had two years to make significant changes.

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