McHenry Times

State Rep. Tom Weber (R-Lake Villa) is drawing attention to officials who are opposing a provision of the SAFE-T Act that eliminates cash bail.

"State's attorneys and sheriffs from across the state are sounding the alarm about ending cash bail in Illinois," Weber wrote in a Sept. 20 Facebook post.

Democrat state's attorney Jim Rowe of Kankakee is suing the state to end the SAFE-T Act. Fox 2 News reports Rowe alleges that the criminal justice reform legislation amends the Illinois Constitution, which can only legally be done via ballot measure. 

“The Safe-T Act has effectively violated this section of the Illinois Constitution without a referendum vote of the people,” Rowe said. “The legislature does not have that power.” 

Rep. Kam Buckner (D-Chicago) says the suit doesn't have a legal basis, "For all of these folks who are all of a sudden strict constitutionalists when it comes to the Illinois Constitution, I’ll remind them the death penalty is also in the Illinois Constitution." 

McHenry County State’s Attorney Patrick Kenneally has also filed a lawsuit over the legislation, calling the bill a "threat to public safety,” according to Lake & McHenry Scanner. The lawsuit also points to Article 4, Section 8 of the Illinois Constitution, which states that bills are required to "be confined to one subject.”

Will County's state's Attorney James Glasgow has also filed a lawsuit over the SAFE-T Act, ABC Chicago reported. 

Gov. Pritzker has called the lawsuits a "weak attempt to protect the status quo that lets murders and abusers pay their way out of jail."

Much of the controversy over the bill has been focused on a provision that eliminates cash bail in the interest of pre-trial "fairness."

97ZOK News published a list circulating on the internet that claims starting Jan. 1, 2023, 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.  The meme claims that people who are charged with those crimes will be released without bail.

Pritzker took to Facebook to deny these claims. 

"Misinformation spreads like wildfire, and there are ugly lies making the rounds about the SAFE-T Act," Pritzker posted. "This law does not mandate the release of defendants or create 'non-detainable offenses.' Defendants are eligible for pre-trial release based on their risk, not their bank accounts."

He posted a link to Central Illinois Proud which fact-checked allegations about the SAFE-T Act.

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 toward making the justice system more equitable for minorities, Capitol News Illinois reported. Republicans have called the SAFE-T Act a “de facto defund the police bill" because of the additional regulations it places on police departments.

The General Assembly has a chance to repeal the bill during the fall veto session, which is scheduled for Nov. 15, 16, 17, 29, and 30, and Dec. 1.