Rowe v. Raoul

Summary

The Illinois Supreme Court reversed a circuit court judgment invalidating the pretrial release provisions of Public Acts 101-652 and 102-1104, which abolished monetary bail in favor of a default of release on personal recognizance subject to conditions or, upon specified showings, pretrial detention. Rejecting the plaintiffs' facial constitutional challenges, the court held that the bail clause does not entrench monetary bail, that the crime victims' rights clause does not mandate it, and that abolishing it does not violate the separation of powers clause; the court bypassed the contested standing question in light of the State's acknowledgment of the public interest in merits adjudication. Justice O'Brien specially concurred, agreeing on the merits but concluding the defendants could not carry their burden on standing after conceding at oral argument that plaintiffs were injured. Justice Overstreet, joined by Justice Holder White, dissented on the ground that abolishing monetary bail nullifies crime victims' vested constitutional right to have their safety considered in fixing the amount of bail.