Western Illinois law enforcement officials and politicians are raising concerns about the Illinois Supreme Court opinion that will mean the end of cash bail for many criminal offenses in the state.
The state’s high court ruled last month that the SAFE-T Act strikes a balance between the rights of people accused of crimes and the rights of crime victims.
The ruling means cash bail will officially end on September 18.
A sheriff’s perspective
McDonough County Sheriff Nick Petitgout said that as a result, there will be no repercussions for crimes such as shoplifting, disorderly conduct, and petty theft.
He believes a lot of people will refuse to come to court if they don't have to put up cash for bail.
“It’s difficult to get anything done the way the system is written now. I can imagine when it’s just simply handing people a piece of paper that says, ‘I need you to go to court on this date,’ and they already don’t go to court,” he said.
“I think it’s going to be difficult to hold anyone accountable for these low-level crimes.”
Petitgout said now they need to work on making the law better.
“We’re going to collaborate with the state legislature and try to fix some of the things that we’ve pointed out and they’ve pointed out that, ‘Hey, this doesn’t work,’” he said.
Petitgout, who’s a Republican, also is also concerned that the law will be interpreted differently from one judicial district to another.
A state’s attorney’s perspective
Knox County State’s Attorney Jeremy Karlin, who’s a Democrat, said the legislation will change how officers conduct arrests and nearly every step of the criminal prosecution process.
And with less than 60 days before no cash bail is in effect, Knox County is hitting the ground running.
Karlin said his office put together a SAFE-T Act handbook that explains the pre-trial detention process.
Training sessions will begin soon for courthouse staff from public defenders to the circuit clerk, and for law enforcement officers and jail personnel.
He will also be on call for the first five weeks after the legislation is in effect to consult with officers who have questions as they navigate the new process.
The view from the statehouse
State lawmakers from western Illinois issued critical statements after the court announced its decision.
State Senator Neil Anderson (R-Andalusia) said, “While today’s ruling severely jeopardizes the safety of Illinois’ residents, it should come as no surprise that the highly political Illinois Supreme Court upheld this extremely dangerous and flawed law. In fact, the Democratic Majority just gerrymandered this very court to ensure it would consistently rule in their favor.”
Anderson also called it an ill-conceived law that put the public at risk.
State Senator Jil Tracy (R-Quincy) said she has never supported “the controversial law or the way it was forced through the General Assembly in late-night lame-duck session more than two years ago.”
State Representative Norine Hammond (R-Macomb) said, “The so-called ‘SAFE-T’ Act is a pro-criminal, anti-police law passed by Democrats in a lame-duck General Assembly, which has now been upheld by a partisan vote of the Illinois Supreme Court.”
Praise from the other side of the aisle
Governor JB Pritzker and Attorney General Kwame Raoul are both pleased with the decision.
Pritzker, who’s in London as part of a trade mission to the United Kingdom, said, “We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail.”
In a separate news release, Raoul said, ““Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail.”
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