The SAFE-T Act is set to take effect in Illinois next year, but before it does, some changes could be made.
Facing mounting criticism from a variety of groups and officials over provisions that will ban cash bail in the state beginning on Jan. 1, Illinois Gov. J.B. Pritzker noted after his election that discussions will soon center on the law.
"There's a lot of work that's been done by the General Assembly over the last number of months and working groups," Pritzker told reporters Wednesday, one day after securing his second term in office. "And so they're going to bring that to the veto session and I'll be watching carefully. I've made my thoughts clear. And we'll see if we can get something done during the veto session to address the changes that we ought to be making."
Here's what to know about the act and what's next:
What is the SAFE-T Act?
Authored by the Illinois Legislative Black Caucus, the act was approved by the Illinois General Assembly last year, bringing "significant changes" to things like police training policies, police accountability, transparency in law enforcement and the rights of detainees and prisoners, according to Sen. Elgie R. Sims, Jr., who sponsored the bill.
Among the changes it will bring are the elimination of monetary bail, a requirement that all police officers wear body cameras by 2025, a ban on all police chokeholds, new guidelines for "decertification" of police officers, and an end to suspended licenses for failure to pay, among several other changes. It also bans police departments from purchasing military equipment like .50 caliber rifles and tanks, increases protection for whistleblowers, and adds to rights for detainees to make phone calls and access their personal contacts before police questioning.
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Detainees, prisoners and all those who interact with police officers will have the expectation of prompt medical care while in custody, with special accommodations made for pregnant women. Charges of resisting arrest must cite a justification for the original arrest that was allegedly resisted against under the measure, as well.
The act, set to go into effect Jan. 1, has drawn fierce opposition from a variety of groups, and has even triggered lawsuits by multiple state’s attorneys, particularly surrounding the Pretrial Fairness Act, a portion of the SAFE-T Act that centers on the elimination of cash bail.
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For a complete list of what's included in the SAFE-T Act click here.
What does the act say about the elimination of cash bail in Illinois and why are some calling it a 'purge law'?
Under the provisions of the bill, as passed by the General Assembly, the state will allow judges to determine whether individuals accused of a specific set of felonies and violent misdemeanors pose a risk to another individual, or to the community at large. Judges will also be asked to determine whether the defendant poses a flight risk if released.
If the judge makes any of those determinations, then the defendant may be held in jail prior to trial.
“Detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight,” according to the text of the bill.
The list of so-called “forcible felonies” that could invite judicial discretion on pretrial detention include first and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony that involves the use or threat of physical force or violence against an individual.
Detention hearings are not mandatory for crimes that include probation as a possible punishment, but judges can still make the determination to keep those defendants incarcerated pending trial if they determine they are a risk to the public.
Those charged with stalking, aggravated stalking, domestic battery and aggravated domestic battery would also potentially be subject to pretrial detention.
According to the legislation, the state will bear the burden of proof in cases, required to present “clear and convincing evidence that the defendant committed an offense that qualifies for pretrial condition,” as well as to present evidence that they would pose a “real and present threat” to the safety of others if released.
What crimes can result in pretrial detention?
According to the text of the bill, defendants can be denied pretrial release if a hearing finds that they meet any of the following criteria:
-The defendant is charged with a “forcible felony” that comes with a mandatory sentence of imprisonment without probation upon conviction, and that the release of that defendant would constitute a threat to any person or the community at large.
“Forcible felonies” include “first degree murder, second degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.”
-If the defendant is charged with stalking or aggravated stalking, and their release would pose a threat to the community or to an individual.
-If the defendant is charged with domestic battery or aggravated domestic battery, and their release would pose a threat to the community or an individual.
-If the defendant is charged with a sex offense, and their release would pose a threat to the community or an individual.
-If the defendant has a high likelihood of “willful flight to avoid prosecution” and is charged with a forcible felony.
How will the hearings work?
If the state seeks to find that a defendant must be held in pretrial detention, then they are required to hold an immediate hearing to argue their position.
Judges can issue short continuances of up to 48 hours from the filing of that petition, but a decision will need to be reached quickly.
According to the bill, even if a defendant is found to qualify for pretrial detention, periodic hearings will be held to determine whether circumstances have remained the same.
When is the SAFE-T Act set to take effect?
The “SAFE-T Act,” passed by the Illinois General Assembly in 2021, will go into effect on Jan. 1, 2023.
Will all defendants currently in jail be freed on Jan. 1?
Pritzker’s office says that the bill does not mandate immediate release for those accused of specific felonies and misdemeanors.
Courts will have the option to release individuals if they find that the defendants do not pose an active threat to the community or to another individual.
What changes could be made before the SAFE-T Act takes effect and when?
During an interview with NBC 5 Political Reporter Mary Ann Ahern last month, Pritzker said he anticipated the General Assembly would debate tweaks to the bill when they convene for their veto session beginning on Nov. 15.
A variety of tweaks have been proposed, including an amendment proposed by Sen. Scott Bennett that would seek to widen judicial authority to detain defendants they deem to be a risk to the public.
Criminal justice groups have largely come out in opposition to that amendment, arguing that it would undermine the original intent of the bill.
What do supporters of the act say?
Proponents of the bill argue that the cash bail system disproportionately impacts minority communities, and that eliminating the practice will help to ensure more equitable outcomes.
“For far too many people, their assessment was based not on their risk but on the amount that they could afford to pay, so eliminating cash bail makes this about risk and not about poverty,” Cook County State’s Attorney Kim Foxx said.
According to the Center for American Progress, three out of five individuals in U.S. jails have not been convicted of a crime, and many departments and agencies throughout the state are anticipating that the number of inmates will decrease dramatically when the new policy is implemented.
Anticipating a reduction in the number of inmates, Kane County and Kendall County are joining together to potentially house Kendall County inmates before trial.
What do critics of the act say?
Republicans have largely blasted the measure, and some state’s attorneys on both sides of the aisle have challenged the legislation in court.
Some challenges, including one filed by Knox County State’s Attorney Jeremy Karlin, argue that since cash bail is included in the state’s constitution that a bill cannot eliminate the policy. He also argues that the statute is worded too vaguely, and that it could be interpreted in different manners in different counties.
Will County State’s Attorney James Glasgow, a Democrat, filed suit against the bill, arguing that it was rushed through the legislature in violation of laws that require a bill to remain in front of the body for at least three days.
