Under the new law, criminal defendants won't have to pay a specific amount to be released from jail as they await trial. However, they could be ordered to remain in custody if a judge believes they pose a public danger or are charged with a serious felony.
Chief Justice Mary Jane Theis, writing for the majority, argued in her ruling Tuesday that the Illinois state constitution "does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public," but that it "creates a balance between the individual rights of defendants and the individual rights of crime victims.
Under the new law, criminal defendants will not have to pay a specific amount to be released from jail as they await trial. However, they could be ordered to remain in custody if a judge believes they are a danger to the public, a risk of fleeing prosecution or are charged with a serious enough felony.Illinois Attorney General Kwame Raoul, whose office defended the end to cash bail against multiple court challenges, said he was pleased, but not surprised, with the high court's ruling.
Kankakee County State's Attorney Jim Rowe, who spearheaded one of the major lawsuits against it, said in a statement Tuesday that "we must abide by the decision and will continue to do our best to serve the people of Kankakee County." When asked how many detainees could be released on Sept. 18, the Cook County public defender's office told CBS Chicago it doesn't have an exact number because there is no statewide centralized system collecting that data.
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