A Kankakee County judge has found that a key provision of Illinois' sweeping criminal justice law violates the state constitution, potentially rolling back a controversial measure that would eliminate cash bail as of New Year's Day, according to a copy of the judge's ruling.
The judge's ruling affects only the pretrial release provisions of the law, leaving all other measures of what is known as the SAFE-T Act intact. Judge Thomas Cunnington is expected to officially file his ruling Thursday morning.
Cunnington's decision stems from lawsuits filed by several dozen state's attorneys across Illinois. Cunnington agreed with the prosecutors' argument that the state legislature violated the separation of powers component of the Illinois Constitution when it passed a measure eliminating cash bail and, therefore, interfered with the duties of the judiciary.
He noted in his 36-page opinion that the Illinois Supreme Court has specifically held that judges have "independent, inherent authority to deny or revoke bail to 'preserve the orderly process of criminal procedure.'"
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