Despite growing pains, Madison and St. Clair counties report success in enacting sweeping, unfunded changes to the court system mandated under the state’s new SAFE-T Act, including the nation’s first no-cash bond system.
According to judges from both counties, it took a herculean effort by many to achieve the massive overhaul before the Supreme Court-backed September deadline.
In particular, the Pretrial Fairness Act portion of the SAFE-T Act - which eliminated cash bonds - carried a heavy burden on “all of the stakeholders in our criminal justice system,” said St. Clair County Chief Judge Andrew Gleeson.
“We have made continuous adjustments in response to the new Pretrial Fairness Act (PFA),” Gleeson told the Record. “As a result of extensive planning, commitment from all the stakeholders, and a willingness to adjust to needs and ever-changing interpretation of the law, we have managed to carry out the law’s requirements.”
In Madison County, Chief Criminal Circuit Judge Kyle Napp said they met the challenge with hard work, testing out new procedures and, once confident, holding educational seminars. She thanked all who strived to make it happen.
“Implementation of the SAFE-T Act is going very well. Since the effective date of the act, we have had several follow up meetings and discussed how it was working, what needed adjusting and what issues we anticipate in the future,” she said.
Napp stressed all the planning that went into enacting the “massive changes” that impact all aspects of the court system. Since the law also impacts how police departments make initial arrests, she said the state’s attorney’s office worked closely with all local departments to navigate significant changes.
“Madison County was incredibly fortunate to have a group of talented and dedicated individuals collaborating to implement [the] SAFE-T Act. In the beginning it was a daunting task,” she said. “We were given a new law that entirely changed procedures that had been in place for decades.”
One of the biggest changes called for each defendant to be transported to court for hearings, as an alternative to video conferences. “Now all detention hearings must be on record, which requires a court reporter,” she explained.
Additionally, SAFE-T Act cases have their own docket, which a judge must preside over when not assigned a trial docket. Besides a judge, every docket call requires at least six other employees under the new law.
In St. Clair County, Gleeson said they have dedicated resources specifically to comply with the Pretrial Fairness Act mandates.
“We devoted a courtroom and assigned Judge (Sara) Rice just for PFA cases,” Gleeson said. “State’s Attorney James Gomric assigned specific prosecutors, and we have benefited from a herculean effort from Public Defender Cathy MacElroy to make the process work.”
Although court operations are said to be running smoothly, both Madison and St. Clair Counties are experiencing heightened demands on public defenders as the law requires representation for each defendant in detention.
Gleeson suggests further state resources are necessary to address the issue.
“The additional burdens on particularly the public defender’s office remain a special concern,” he said. “The State of Illinois will need to provide increased resources to properly address the issues of devoting attorneys for detention hearings and monitoring individuals released on conditions before trial.”
It has been a highly controversial journey for the SAFE-T Act since Illinois enacted these sweeping reforms, especially regarding the Pretrial Fairness Act portion of the law.
A bi-partisan legal challenge from state’s attorneys and sheriffs across the state sought to find the SAFE-T Act unconstitutional. The case, which was filed jointly by Republican Kankakee County State’s Attorney James Rowe and Democrat Will County State’s Attorney James Glasgow, argued that the bail system could not be waived without a constitutional amendment and that dangerous criminals could go free under the new system.
However, the Illinois Supreme Court upheld the law in a 5-2 decision, enforcing the Sept. 18 deadline for compliance to the unfunded mandates.
Despite the controversy, Gleeson said individuals have responded positively to the changes in St. Clair County as a result of the stakeholders’ team effort in making the transition as smooth as possible. He said people have commented that the system to date is ensuring rapid review of detention for the accused and an enhanced level of equity not achieved with the cash bond system.