SPRINGFIELD – Although legislators require hearings in person for suspects seeking release without bail in accordance with the Safety, Accountability, Fairness, and Equity Act (SAFE-T Act), Supreme Court Justices will allow remote hearings for the first six months.
The Illinois Supreme Court entered an order Aug. 30 finding statewide compliance with the SAFE-T Act will only be possible with audio visual systems.
They found the order “consistent with the Court’s belief that remote appearances can be used effectively and appropriately in both civil and criminal proceedings.”
The law will take effect Sept. 18.
It establishes a default rule that all persons charged with an offense shall be eligible for release on personal recognizance subject to appropriate conditions.
The law requires judges to conduct hearings in person to determine whether to detain or continue detention of a defendant; and if not, what conditions should apply to release if any.
It also sets out factors that judges must consider and it requires agencies to assist judges.
The Justices wrote, “Defendants have a right to counsel at these hearings.”
“Accordingly, attorneys for the state and defendants must prepare for these hearings and courts must have the necessary information to proceed with these hearings,” they added.
The Supreme Court found the law permits audio visual hearings if the chief judge of a circuit orders their use due to operational challenges in hearing defendants in person.
They found obtaining information and conducting hearings within specific time frames will require increased resources of judges, court staff, attorneys, law enforcement, and others.
“The courts will be conducting initial hearings not only for newly arrested individuals but also for the over 9,000 individuals who are currently in pretrial detention, resulting in a temporary but significant influx of these types of hearings,” they wrote.
The Supreme Court found courts added and trained staff, adjusted schedules, and reconfigured courtrooms.
They found that under a rule they adopted this year, courts have undertaken remote proceedings in criminal cases consistent with constitutional protections.
They advised chief judges seeking to use audio visual systems to enter local orders and submit them to the Supreme Court.
They also found that because operational challenges are being reasonably addressed, circuits need not submit a plan to address the challenges while the order remains in effect.
They set the order to expire on March 18.