McHenry Times

The heavily debated SAFE-T Act is set to go into effect on Jan. 1. Since its inception, the SAFE-T Act has received pushback from law enforcement, police unions and elected representatives, mainly Republicans. 

Over the past month, Democrat state’s attorneys have joined the discussion and taken action to repeal the SAFE-T Act. As the discussion of the SAFE-T Act continues to be elevated before the election in November, state level candidates and elected leaders are weighing in.

According to the Illinois Criminal Justice Information Authority (ICJIA) website, the SAFE-T Act enacts extensive reform impacting many areas of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing and corrections.

The most contested aspect of the SAFE-T Act is that it will eliminate cash bail in the state of Illinois. The bill noted it will be “presumed that a defendant is entitled to release on personal recognizance” and may be detained thereafter if they violate certain conditions listed in 725 ILCS 5/110-2.

Illinois State Sen. Craig Wilcox (R-McHenry) is currently offering a petition to halt the SAFE-T Act on his office's 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.”

“Illinois Democrats were so determined to pass a criminal justice reform bill prior to the end of the 101st General Assembly that they knowingly passed a bad bill,” Wilcox said in a statement. “Not only is the SAFE-T Act filled with contradictory language and sloppy drafting errors, but it also places the rights of the accused squarely ahead of the rights of crime victims and Illinois families, and the rights of police officers to carry out their duties safely and effectively. There simply isn’t time to fix all the problems within this bill before its effective date of Jan. 1, 2023. We must repeal the SAFE-T Act now, and bring all stakeholders to the table so we can write criminal justice reform legislation that addresses legitimate bail issues while prioritizing the safety of Illinois families and law enforcement officers.”

On Sept.16, 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. The complaint lists that: The SAFE-T Act violates numerous sections of the Illinois Constitution, including: 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 said in a press release on his office’s website.

Kankakee State’s Attorney Jim Rowe (D) filed a civil lawsuit the same week 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" allowing violent criminals to buy their freedom.

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. Thirteen percent 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.

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."