McHenry Times

McHenry County State’s Attorney Patrick Kenneally has sued to stop the controversial SAFE-T Act from taking effect.

“Starting Jan. 1, 2023, the bail provisions of the SAFE-T Act take effect. Under the law, those defendants charged with second-degree murder, involuntary manslaughter, drug-induced homicide, fentanyl trafficking, DUI causing death, 6th DUI or more, residential burglary, aggravated battery to senior citizens, aggravated battery to a child, robbery, witness intimidation, vehicular hijacking and most other crimes cannot be detained pretrial irrespective of their criminal histories, danger to the community or victims, or willingness to comply with conditions of release,” Kenneally said in a Facebook post. “Moreover, under the SAFE-T Act, when these defendants fail to show up for court, fail multiple drug screens, abscond from home detention for less than two days or violate other conditions of their release, the court cannot issue a warrant for their arrest.”

Kenneally said bail is determined on a case-by-case basis.

“Despite claims to the contrary, under current bail laws most indigent defendants are released without paying bail, bail is determined on a case-by-case basis and must be ‘considerate of the financial ability of the accused,’ and only a tiny percentage of low-class felony or misdemeanor, non-violent offenders are held because they cannot afford bail (usually because they have dismal criminal histories),” he said. “Despite recent claims to the contrary, it is impossible for a single mother who steals diapers to be held pretrial for six months under current bail laws. This type of misinformation appealing to emotion, the ongoing campaign to smear law enforcement and prosecutors and the sometimes-tragic way business is conducted in Springfield is what gave rise to HB 3653 in the first place.”

He said HB 3653 is a threat to public safety. 

“For reasons stated in the complaint filed today by the McHenry County State’s Office, HB 3653 is unconstitutional, creates bail system that is wildly out of step with the expectations citizens and victims have for their justice system, and is a clear and present threat to public safety," Kenneally said. 

Kenneally filed the lawsuit in the 22nd Judicial Court naming Illinois Attorney General Kwame Raoul and Gov. J.B. Pritzker. He notes the law is in violation of the constitution.

"(The SAFE-T Act) unconstitutionally trenches upon the separate powers of the judiciary that is preeminent in the arena of bail and pretrial release,” Kenneally’s lawsuit reads.

Kenneally is not the only person to warn of the impending release of persons accused of heinous crimes.

James Glasgow, the state's attorney for Will County, has also spoken out against the SAFE-T Act. A criminal who is currently incarcerated and would have been on the streets if the SAFE-T Act had been in place attacked Glasgow.

He claims that the action will strengthen criminals and thwart efforts to make the state's criminal laws more strictly enforced.

Glasgow said that because of the SAFE-T Act, police enforcement will be powerless.

“(Under) equal protection under the law,” Glasgow said on Chicago’s Morning Answer on AM 560, Will County Gazette reported. “The new statute says that bail is abolished. And if that were to take place over 600 prisoners in the Will County Jail – they also have victims and witnesses who feel secure because of that.”

One hundred of the 102 state’s attorneys in Illinois are in favor of repealing or amending the act, Madison-St. Clair Record reported.