Critics of the current cash bail system say it unfairly punishes poor defendants, but critics of ending cash bail say the violates the constitutional separation of powers.
After four months of deliberations, the Illinois Supreme Court is expected to rule next week on a state law eliminating cash bail.
But that provision of the SAFE-T Act was put on hold after prosecutors in 64 counties filed lawsuits claiming the law was unconstitutional, and a Kankakee County judge ruled in their favor., and on Friday the clerk's office announced the court's opinion will be filed on Tuesday morning., often forcing them to spend months or years in jail before they go on trial, even if they are not a danger to the public.
Hemmer also argued the Illinois General Assembly has the right to regulate pretrial procedures – and are not constrained by the state Constitution from doing so. He said the Illinois General Assembly passed legislation that conflicts with the Constitution – which would require a popular vote on a matter such as abolition of cash bail.
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