McHenry Times

Sen. Don DeWitte (R-St. Charles) says he is worried about the offenses that will be made non-detainable on Jan. 1.

DeWitte called for the repeal of the SAFE-T Act and noted that many of his constituents have expressed concern over the fact that come January, many criminals will be released back onto the streets shortly after being arrested.

“I can’t walk down the street without being stopped by someone who asks how the SAFE-T Act can be stopped,” said DeWitte. “Constituents are particularly worried about criminal offenses that will, as of Jan. 1, be considered ‘non-detainable.’ People have legitimate concerns, and we need to pump the breaks on implementation so the long list of unintended consequences tied to the Act can be addressed. According to state’s attorneys across the state, the Act will make it extremely difficult for them to hold violent criminals pre-trial, including crimes as serious as murder if the accused person no longer poses a significant threat to a specific identifiable person. General risk is no longer good enough, and that heightened standard will cause some very dangerous individuals to be released within hours of their arrest. In their rush to pass their bill during the waning hours of the 101st General Assembly, the SAFE-T Act includes timelines for initial court hearings that do not account for weekends or holidays,” added DeWitte. “In order to be in compliance with the Act as written, court hearings will need to be held seven days a week, 365 days a year. This is just one of many sloppy errors within the legislation that need to be cleaned up. Trailer bill after trailer bill is not the answer. We need to repeal the Act and rewrite it so we can preserve the beneficial elements, like the use of body cameras, and eliminate portions that are not in the best interests of Illinois residents and crime victims.”

As of Jan. 1, the following offenses will be considered "non-detainable": arson, burglary, aggravated battery, aggravated DUI, aggravated fleeing, drug-induced homicide, intimidation, kidnapping, robbery, threatening a public official and 2nd degree murder. People who are charged with those crimes will be released without bail.

Gov. Pritzker recently defended the elimination of cash bail, according to The Center Square. "We do not want someone in jail because they were arrested for a low-level crime like shoplifting to be sitting in jail for months or maybe even years," Pritzker said. "At the same time, someone who is a wealthy drug dealer, perhaps accused of murder and arrested, can show up with a suitcase full of money and get out of jail."

Supporters of the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, including the Illinois Legislative Black Caucus, point to the legislation as a step towards making the justice system more equitable for minorities. Republicans have called the SAFE-T Act a “de facto defund the police bill" because of the additional regulations it places on police officers.