UPDATED 12:03 P.M.
PEORIA, Ill. — The Pretrial Fairness Act, part of Illinois’ Safe-T-Act legislation, was ruled unconstitutional late Wednesday — and a local prosecutor says Peoria County must abide by that.
Kankakee County Judge Thomas Cunnington found the courts, not the legislature, have the power to make decisions on pre-trial release.
Peoria County State’s Attorney Jodi Hoos says although the county didn’t participate in a lawsuit challenging the ruling, it is required to follow it.
Hoos says when a statute is deemed unconstitutional, it becomes invalid.
As a result, until the Illinois Supreme Court provides further clarification and guidance on the ruling, Peoria County must abide by it and refrain from implementing the new bail reform that is part of the Safe-T Act.
“Last night the Pretrial Fairness Act was declared unconstitutional. Although Peoria County did not participate in this ruling, we are required to follow it,” said Hoos, in a news release. “When a statute is unconstitutional, the statute becomes invalid and has no force or effect on anyone. As a result, and until the Illinois Supreme Court provides further clarification, we will abide by this ruling and not implement the new bail reform. This office remains committed to following the law and is hopeful the Supreme Court will bring finality to this topic in the near future.”
Hoos has not responded to a request for an interview from WMBD.
Tazewell, McLean, Woodford, Fulton, LaSalle, DeWitt, Ford, Logan and Sangamon Counties are a few of the 65 Illinois Counties that did participate in the lawsuit.
Peoria, Champaign and Cook Counties did not participate in the lawsuit.
