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62 Illinois State's Attorneys file suit to declare Safe-T Act unconstitutional

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criminal justice, gavel, prison

(WSIL) -- Dozens of State's Attorneys in Illinois have filed a lawsuit to declare the Safe-T Act unconstitutional. 

62 State's Attorneys, including Franklin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Randolph, Saline, Union and White Counties, claim the act poses a serious threat to public safety. 

Starting January, the act eliminates cash bail which means suspects who are arrested won't have to spend the night in jail. However, a judge can still keep a suspect behind bars, if they decide the suspect poses a threat to safety.

Illinois is the first and only state to pass legislation that eliminates the use of cash bail.

There's a handful of trailer bills aimed at updating the act, including one Sen. Scott Bennett (D-Champaign). Bennett's bill clarifies that the act would apply to those arrested on or after Jan. 1, 2023.

The bill would also allow judges to deny pretrial release for a suspect who poses a threat to safety.

In a release from the state's attorneys they say, "We have filed a motion for declaratory judgement and injunctive relief in our official capacity as State's Attorneys. We have set forth in our complaint that Public Act 101-652, is unconstitutional in that is violates the single subject rule, violates separation of powers as applied to victim rights and the bail provision of the Illinois Constitution. We are requesting the Court to declare the law null and void."

The case is in Kankakee County and oral arguments are scheduled to be heard by the Hon. Thomas W. Cunningham on December 7, 2022. 

More coverage of the Safe-T Act:Â