McHenry Times

The SAFE-T Act continues to be a hot topic for Illinois politicians, law enforcement and citizens. Signed into law back in January of 2021 by Gov. JB Pritzker, the criminal justice reform bill has received major pushback from law enforcement, state’s attorneys and state representatives.

The SAFE-T Act was written to promote equitable due process during the course of Illinois’ criminal justice process. Those who oppose the SAFE-T Act argue that it restricts the tools necessary for law enforcement to properly do their jobs and the requirements stipulated, such as body cameras, may cause significant financial strain for many police departments.

Will and Kankakee State’s Attorneys filed lawsuits on Friday Sept. 16th with complaints listed that the SAFE-T Act violates sections of the Illinois Constitution.

Illinois State Sen. Craig Wilcox (R-McHenry) recently expressed his support for the Will and Kankakee State's Attorneys in a statement saying, "I have been a leading voice challenging the constitutionality of the SAFE-T Act for almost two years now. I fully support the lawsuits filed by four different state’s attorneys, including McHenry County State’s Attorney Patrick Keneally. Now, this week Illinois’ own Attorney General admits there are troubling areas of the SAFE-T Act that warrant more discussion. Democrats pushed this bill through in the middle of the night with complete disregard for public safety. I will continue to push for a repeal of this dangerous bill because the people of the 32nd District deserve to feel safe in their community."

Will County State’s Attorney James Glasgow (D) filed a lawsuit against the state of Illinois naming Gov. J.B. Pritzker, Attorney General Kwame Raoul, Speaker of the House Emanuel Welch and Donald Harmon as defendants this month. The complaint says that the SAFE-T Act violates numerous sections of the Illinois Constitution, including that bills “shall be confined to one subject” and “[a] bill shall be read by title on three different days in each house…”

“It is my sworn duty as Will County’s State’s Attorney to protect the people of Will County and the State of Illinois. To put it in plain and simple terms, this is not about politics; it is about public safety,” Glasgow stated in a press release on his office’s website.

Kankakee State’s Attorney Jim Rowe also filed a civil lawsuit naming Pritzker and Raoul as defendants asking that the SAFE-T Act be declared unconstitutional, according to The Daily Journal.

The Daily Journal reported that Pritzker called the Kankakee County state's attorney lawsuit "a weak attempt to protect the status quo" of allowing violent criminals to buy their freedom.

Not only state’s attorneys took action last week against the SAFE-T Act. Winnebago County Sheriff Gary Caruana weighed in when he uploaded a video to YouTube on Sept. 16, explaining how the current criminal justice system works and what changes to expect when the SAFE-T Act goes into effect.

"Currently, our judges use an evidence-based process to determine if the alleged criminal defendant should be let out or should they be incarcerated during this time or before going to court," Caruana said. "This [current] system works. It’s not putting the community at risk. It's incarcerating the people that need to be incarcerated using metrics and tools that the judges use. [Under the SAFE-T Act]…There's a certain subsets of crimes that we're going to have to let out."

According to 97ZOK, the subset of crimes are aggravated battery, robbery, burglary, hate crimes, aggravated DUI, vehicular manslaughter, drug-induced homicide, drug offenses including trafficking and delivery of fentanyl, intimidation, kidnapping, second-degree murder, aggravated fleeing and threatening a public official.

Caruana concluded his video stating that the SAFE-T Act "is a failure." The sheriff expressed that he has tried to speak with the ‘authors of this bill’ but ‘they are persisting to make this [allowing the SAFE-T Act to take full effect] happen’ on Jan. 1.

Pritzker also 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."

SafeWise's annual 2022 State of Safety survey found that only 42% of Illinois residents report feeling safe, while 64% reported feeling "high daily concern" for their safety. 13% of respondents reported experiencing gun violence firsthand, an increase from 8% the previous year. Mass shooting incidents in Illinois increased by 25% from 2020 to 2021.

Wilcox is currently offering a petition to halt the SAFE-T Act on his office website. Wilcox’s website says it is “offering every Illinois resident an opportunity to weigh in now on this controversial bill, with hopes that we can convince Senate and House Democrats to repeal this dangerous legislation.”