SE Illinois News

Congressional candidate Darren Bailey is criticizing the reinstatement of the Safe-T Act’s cashless bail provision known as the Pretrial Fairness Act. 

Bailey, who was the GOP’s gubernatorial nominee in 2022 and served as a state senator before that, is challenging GOP incumbent Mike Bost in Illinois’s 12th Congressional District.

On July 18, the Illinois Supreme Court ruled the provision in the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state in the nation to eliminate cash bail. Following the ruling, cashless bail can be applied to even the worst crimes such as murder and rape. The Act was opposed by 100 of 102 state attorneys in Illinois, 64 of which signed on to litigation to stop the law. 

"As a steadfast supporter of law enforcement and law and order, I have consistently sounded the alarm about the perils posed by the SAFE-T Act. I have stood shoulder to shoulder with law enforcement officers throughout Illinois, cautioning against the detrimental impact this law would have on our neighborhoods,” Bailey said in a statement. “Today, the Illinois Supreme Court callously disregarded the plain language of our Constitution, which explicitly outlines the offenses subject to bail. Clearly, the court's priority is politics, not the well-being of Illinois residents. The fact that the two newest court members received substantial campaign contributions from J.B. Pritzker raises serious concerns about impartiality. Once again, pay-to-play politics has triumphed over the safety and security of the people of Illinois.” 

The Supreme Court's decision, according to Bailey "is a glaring example of how politics can overshadow the true needs and safety of our communities."

"I will not waver in my dedication to correcting this detrimental law and safeguarding the well-being of the people of Southern Illinois as their representative in Congress,” he said. “I will always stand up to the status quo and demand better for the people. Whether it's establishment Republicans selling out our values or extreme Democrats like J.B. Pritzker and Joe Biden, I will fearlessly stand up and fight to make our state safer and more affordable for every Illinoisan. And I will always put the needs of the people ahead of the special interests.” 

In the historic decision, the Illinois Supreme Court ruled the provision of the SAFE-T Act, which ends cash bail, as constitutional, making Illinois the first state to eliminate cash bail. The 5-2 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 bail rules take effect.

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, The Heartlander reported. 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 with the nonpartisan 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.”

After the Illinois Supreme Court's ruling ending cash bail, Republicans are voicing opposition and calling for a special legislative session to amend the SAFE-T Act. They express concerns that eliminating cash bail could endanger residents, narrow the range of crimes for which judges can detain individuals, and impact funding for police departments, while Democrats support the court's decision. Republican leadership in the General Assembly hopes to address these concerns and make amendments before cash bail ends, which according to KHQA would be on Sept. 18.