SAFE-T Act and Bail Reform Facts

 

Claim #1: The SAFE-T Act ends cash bail.

Yes, this is a feature of the bill. The act does abolish the money bail system beginning Jan. 1, 2023. According to the U.S. Commission on Civil Rights, the cash bail system disproportionately impacts Black and brown communities and other impoverished groups. This aligns Illinois law with the federal court’s system which has been in place since 1984.

Myth #1: Ending cash bail will release dangerous criminals into the community and allow them to remain free.

People convicted of crimes currently in prison will not be released. Someone arrested after Jan. 1 may be released prior to their trial, based on the presumption of innocence guaranteed in our Constitution. However, the SAFE-T Act gives the judge the power to determine whether a person should be released based on a public safety evaluation rather than the size of the of the defendant’s wallet. No matter how much cash or wealth someone has, they won’t be able to be released if they’re a danger to people. That’s why this Act is supported by groups like the Illinois Coalition Against Domestic Violence.

Myth #2: The SAFE-T Act creates “non-detainable offenses”, including second-degree murder, burglary, aggravated battery, and other violent charges.

There is no such thing as a “non-detainable offense”, Illinois law has no such thing. The Act does outline the types of offenses can be detained pretrial, including forcible felonies, such as first-degree murder and sexual assault. People accused of charges not explicitly outlined in the bill’s text, like those to the left, can still be held pretrial if a judge determines they are a specific, real, and present threat to any person or the community, or if they are a flight risk, or if they are in violation of their parole or probation, or if they are already on pretrial release for a previous charge.

Myth #3: The SAFE-T Act prohibits police officers from arresting someone for trespassing.

Police have and always will have every tool at their disposal to keep people safe from someone they believe is a threat to others. The SAFE-T Act does require police officers to ticket rather than arrest people accused of low-level offenses, an improvement on the status quo. However, police officers will still have the discretion to arrest someone that threatens public safety, for example, by not leaving a property upon request or after citation.

Claim #2: The SAFE-T Act creates a safer and more fair system.

The SAFE-T Act explicitly strengthens pre-trial detention for individuals who pose a safety risk to our community, for example, by keeping suspects accused of domestic battery behind bars and therefore protecting women from abuse. It fixes a system where innocent people wrongly charged are locked away from families, jobs, or schools because they cannot afford to pay.

Claim #3: The SAFE-T Act is opposed by 100 of 102 state’s attorneys in Illinois.

Many of the state’s attorneys complaints are based on two factors: 1) the myths above and below, which have been debunked thoroughly by many sources, and 2) resistance to changing a broken system. For a fuller response, see Governor Pritzker’s response to one State’s Attorney here.

Myth #4: The SAFE-T Act was passed in the middle of the night without input from Republicans or law enforcement.

Bail reform has been discussed and worked on in the House since 2017, and language mirroring the final version had been introduced more than a year before passage. Police, prosecutors, and victims advocates have been involved in discussions throughout the drafting and implementation – and their input resulted in significant rewrites.

Claim #4: The justice system could be fairer, but the SAFE-T Act goes too far.

I’m committed to a ‘smart on crime’ approach because making the justice system smarter and fairer will make our communities safer. The reason we’re hearing so many over-the-top statements about the SAFE-T Act right now is because partisan special interests are going to tremendous lengths to scare people. The truth is, bail reform empowers judges to hold dangerous criminals in jail, empowers police to do their jobs effectively, and takes steps to rebuild trust between law enforcement and the communities they serve – which will help keep all communities safe.

Myth #5: The SAFE-T Act has emboldened criminals and caused a crime surge.

Partisan special interests have been making playing blame games with crime since before the SAFE-T Act was even discussed and it’s time for them to stop spreading fear and start telling the truth. There’s no doubt violent crime rates are rising, and it’s happening in Democratic areas and Republican areas. When partisans make this into a political blame game, we can’t address the real issues. That’s why bail reform gives judges more power to keep dangerous offenders in jail, and I’ve worked to provide $200 million in new funding, equipment, and crime-solving resources for our police.

Key points:

  • The SAFE-T Act has no connection to crime rates.

  • Studies show violent crime is rising at similar rates in “red” and “blue” areas.

  • Bail reform gives judges more power to keep dangerous offenders off the streets.

  • More than $200 million in new funding for crime solving and prevention.

See more: https://www.illinoiscourts.gov/courts/additional-resources/pretrial-implementation-task-force/

This pdf: https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/b3d911ef-bd4e-4263-b86b-0b16fe032ac9/Pretrial%20Fairness%20Act%20Release%20by%20Citation%20Flowchart%20and%20Implementation%20Considerations.pdf