In a 5-to-2 decision, the Illinois Supreme Court recently concluded monetary bail as a condition of pretrial release for criminal defendants in all courts of the state would end. The special action that sparked this decision was brought to the Court by the Illinois Attorney General and the State’s Attorney of Kankakee County challenging Public Acts 101-652 and 102-1104, adopted a few years ago by the legislature, which eliminated cash bail effective January 1, 2023. The Supreme Court subsequently concluded the Acts did not violate the Illinois Constitution nor damage the separation of powers doctrine and ordered trial courts to cease ordering monetary bail as of September 18.
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