Illinois became the first state in the nation to eliminate cash bail as a condition of pretrial release from jail on Tuesday
of the Illinois Legislative Black Caucus, approved with the aim of improving the lives of marginalized communities following the police killings of George Floyd and others in the previous year.
When the Supreme Court received the direct appeal from the local court, it stopped the scheduled Jan. 1, 2023 implementation of the law. Theis ordered that it take effect in 60 days, on Sept. 18. Justice David K. Overstreet dissented, arguing that the law violates the constitution's Crime Victims Bill of Rights, which voters added in 2014. He said it gives victims the right “to have their safety and the safety of their family, considered in denying or fixing the amount of bail.” Changing that requires voter approval, not just legislative fiat.
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