Republican State Rep. Charlie Meier is co-sponsoring a bill (HB4497) intended to repeal the so-called “anti-public safety law,” SAFE-T Act, which will eliminate cash bail and release half of Madison County inmates awaiting trial.
“Remember the game Monopoly?” he stated in a press release. “Well on New Year’s Day every criminal will receive a ‘GET OUT OF JAIL FREE’ card unless this pro-criminal SAFE-T Act is repealed.”
The Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, which is part of the broader HB3653, was signed into law by Gov. JB Pritzker on Feb. 22, 2021. Before that, the bill was passed by the Illinois legislature in the early hours of Jan. 13 during a lame-duck session.
Meier
The 764-page legislation was approved in under 40 minutes and just hours before newly elected lawmakers were sworn into office, according to Meier’s press release.
“During the brief debate on the anti-law enforcement bill, I looked around at my colleagues from both sides of the aisle and saw law enforcement standing there to protect us,” Meier stated. “This is the thanks they get? The Democrat-controlled legislature didn’t even allow the only policeman and lawmaker serving at this time the chance to speak on this bill that will impact every Illinoisan.”
The bill received support only from Illinois Democrats. It received bi-partisan opposition.
In Madison and St. Clair County, the bill was supported by Democrats Rep. Latoya Greenwood, Rep. Jay Hoffman and Sen. Christopher Belt. These legislators serve local communities including Granite City, Belleville and O’Fallon, among others.
After the bill was passed, Madison County State’s Attorney Tom Haine was joined by most of the County Board, Sheriff’s Department and local police chiefs in opposition of it. County board member Doc Holliday (D-Alton) was the only NO vote against a resolution urging Pritzker not to sign the bill.
“The appeals of law enforcement and citizens from across the state have fallen on deaf ears, as Governor Pritzker still signed the law” Haine wrote in a statement on Wednesday. “Now the deadline for implementation is fast approaching, and Madison County residents need to understand what is about to happen and why.”
If the law is not repealed, then when it goes into effect on Jan. 1, 2023, suspects apprehended for a number of crimes will be released pending trial.
Haine explained that the crimes named in the bill include second-degree murder, robbery, burglary, arson, aggravated battery, kidnapping, hate crimes, aggravated fleeing, vehicular homicide, drug induced homicides, threatening a public official and aggravated DUI - including those which leave victims dead or permanently disfigured.
“In fact, under the SAFE-T Act, no drug offenses will be detainable, not even delivery of fentanyl or trafficking cases,” he said. “Major drug traffickers will be given a mandatory get-out-of-jail-free card by the SAFE-T Act.”
Haine called the SAFE-T Act the “greatest jailbreak in Madison County history.”
“The SAFE-T Act will allow criminals to get out of jail much faster without requiring them to post cash bail and will make it more complicated for law enforcement to keep dangerous criminals off our streets,” Meier said.
“There is nothing safe about the SAFE-T Act,” he added.
Haine wrote that in Madison County, approximately half of the jail population will be released under the law, which translates to “well over 100 criminal defendants.” He said that many who will be released are repeat offenders, have a history of violating conditions of release or have failed to appear in court.
Haine explained that under the current criminal justice system, judges consider the facts underlying the charges, a defendant’s criminal history and evidence-based risk assessments to detain criminal defendants prior to trial. He said the SAFE-T Act “severely restricts the ability of our judges to use their discretion by classifying entire categories of crimes as those ‘for which pre-trial release may not be denied.’”
Under the new law, Haine said criminal defendants can only be detained while awaiting trial when the prosecutor can show a “high likelihood of willful flight,” which is defined as “planning or attempting to intentionally evade prosecution by concealing oneself.” A prior history of failing to appear in court is not enough.
“In other words: an individual charged with a non-detainable crime may be demonstrably dangerous, but the SAFE-T Act mandates that as long [as] he continues to remain dangerous here and doesn’t try to flee, we cannot keep him in jail while he awaits trial,” Haine said.
However, anyone charged with aggravated animal cruelty, fleeing, eluding of a police officer and criminal trespass to residence, may not be detained even when there is evidence of flight risk.
“No pre-trial detention is allowed for such crimes even when the defendant is a demonstrable risk to the community, waving a plane ticket in our faces, and describing his plans to flee justice in open court,” Haine said. “What could possibly be the public policy justification for such a rule?”
Haine added that when criminal defendants are released and then fail to appear at their court hearings, judges are prevented from issuing a warrant for their arrest. Instead, the defendant must be served with a court order within 48 hours of the hearing asking them to appear a second time. If they can’t be found within 48 hours, the court cannot issue a warrant.
“Such a convoluted exercise is a toothless waste of time and taxpayer resources which would be better aimed at reducing crime instead of catering to the scheduling needs of no-show criminal defendants,” Haine said.
Haine explained that under the SAFE-T Act, judges can detain criminal defendants who are charged with offenses including forcible felonies, domestic violence offenses, enumerated sex offenses, gun felonies and human trafficking. However, judges may only detain these individuals if the prosecution proves the defendant “poses a real and present threat to the safety of a specific, identifiable person or persons or the community” or a “high likelihood of willful flight.”
“These rules make it more difficult to keep even those charged with the most serious violent crimes detained prior to trial,” he wrote.
He added that the SAFE-T Act could impact cooperation from witnesses.
“An ‘order of protection’ or other conditions of release may not provide sufficient protection,” Haine wrote. “Without witnesses it becomes increasingly difficult for prosecutors to convict criminals and protect the public.”
Haine also opposed Pritzker’s statements that “there is nothing in the law that requires those suspected of crimes be let out of prison when it goes into effect’ and that ‘when the law goes into effect, the state’s attorney would have the ability to go to court and present evidence as to why a person suspected of a crime should be held, and a judge could rule to hold them.’”
“These statements are false,” Haine said.
“I can see no way my office can ‘present evidence’ as to why those defendants charged with non-detainable crimes should be held and no way a Madison County judge could rule to hold them based simply on ‘risk,’” he added.
House Bill 3653 goes beyond just eliminating cash bail. It implements new standards for police use of force and creates stricter body camera regulations, among other mandates. It also allows for anonymous complaints against police officers without any legal proof or affidavits and permits subsequent investigations or civil lawsuits.