Kenneally 'Shocked, Disheartened' By SAFE-T Act Ruling

MCHENRY COUNTY, IL — Law enforcement officials in McHenry County are "shocked and disheartened" by the Illinois Supreme Court's decision Tuesday to uphold the constitutionality of the SAFE-T Act, meaning the state is one of the first in the country to OK a cashless bail system.

In a 5-2 decision, the state’s highest court upheld the SAFE-T Act, which Illinois Gov. J.B. Pritzker signed into law last year. The cashless bail system was to go into place on Jan. 1, but was held up by legal challenges in a series of lawsuits brought by prosecutors and county sheriffs around the state.

A judge in Kankakee County ruled in December that the SAFE-T Act was unconstitutional, which kept the law and cashless bail from going into effect at the start of the year. Following Tuesday's ruling, the law will now go back into effect. Sept. 18.

McHenry County State's Attorney Patrick Kenneally is among the prosecutors in Illinois whose publicly decried the cashless bail system.

"We believe that this entire process of sustaining this entirely irresponsible piece of legislation, from its enactment at 4.a.m. during an irregular legislative session after zero meaningful debate, through the 2022 election, and ending with this decision, is merely a sad reflection of state of ideological capture in our three branches of government," Kenneally said.

Kenneally said his office will find ways to ensure dangerous offenders remain behind bars pre-trial. When that is not possible, he said measures, such as electronic monitoring, will be put in place to minimize risk.

"No doubt, the implementation of the SAFE-T Act will make the job of prosecutors, judges, and police more difficult. That said, we have no choice other than to accept the decision and move on," he said. "As the flaws of this haphazardly enacted and poorly conceived law become immediately apparent in the form of compromised safety of communities across the State, we will also seek to work with our legislators on common sense reforms."

Meanwhile, McHenry County Sheriff Robb Tadelman said his office learned of the ruling on the SAFE-T Act Tuesday and is "committed to working on behalf of our communities to keep citizens safe."

"While we are still reviewing the decision, we will continue to work with the State’s Attorney’s Office, Court Administration and the County Administration assuring the members of the law enforcement community are prepared for full implementation of the Act by September 18," he said.

Gov. J.B. Pritzker and other state officials praised the Illinois Supreme Court's ruling on Tuesday.

“We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail,” Pritzker said in response to the decision in a statement released on Tuesday morning.”

Illinois State Attorney General Kwame Raoul said he was “pleased but not surprised” that the Supreme Court upheld the Safe-T Act. He said the court’s decision backs his opinion that the Illinois General Assembly has the authority to eliminate cashless bail and “replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk.”

“Someone’s experience with the criminal justice system should not vary based on their income level,” Raoul said. “The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail.

“The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.”