STATE

The end of cash bail and more: What's in Illinois' SAFE-T Act?

State Journal-Register

A massive crime reform package passed by the Illinois General Assembly in 2021 is once again in the spotlight with Election Day less than three months away.

Republican state legislators recently again aired their grievances with the 746-page SAFE-T Act. One of its many provisions will end cash bail, where a defendant is required to pay a percentage of the bail set by a judge to be released from prison — making Illinois the first state to do so.

Meanwhile, a nonpartisan task force formed under the Supreme Court, is working to assist with implementation in the justice system ahead of Jan. 1 and has identified unclear or contradictory sections of the bill that lawmakers should reconsider before Jan. 1.

Long opponents to the legislation, a group of four upstate GOP legislators met with law enforcement to determine if any reforms were needed heading into the November special session.

Now, Assistant Senate Minority Leader Donald DeWitte, R-St. Charles, is calling for the law to be repealed.

This attempt is the latest from state Republicans, who previously announced plans to repeal it through House Bill 4499 last January. The bill has 13 sponsors, including Springfield's own Rep. Tim Butler, but no action has been taken since it was referred to the House Rules Committee.

When did the Illinois General Assembly pass the SAFE-T Act?

Gov. JB Pritzker signed the Safety Accountability Fairness and Equity-Today Act on Feb. 22, 2021, calling the legislation a "substantial step toward dismantling the systemic racism."

"Today we advance our values in the law — progress secured despite the pandemic, because of the passion and push of the Legislative Black Caucus, activists, advocates, and residents intent on leaving a better Illinois for all our children," the governor said in a statement.

Is no cash bail already in effect?

Despite ongoing complaints against this provision of the SAFE-T Act, it is not currently in place. The end of cash bail will go into effect Jan. 1.

In addition to no cash bail, what all is in the SAFE-T Act?

The broad-ranging SAFE-T Act also addresses police training, what equipment they have in the field, and makes reforms to prisoner rights.

Law enforcement is not permitted to purchase military equipment such as firearms of .50-caliber or higher and weaponized vehicles or aircraft. Officers are also not allowed to use chokeholds but are ordered to intervene when another officer is using excessive force.

By 2025, all law enforcement agencies will be required to have body cameras — these cameras have to be turned on when an officer is in uniform and responding to a call.

Detainees can make three phone calls within the first three hours of their time at the police station. Before handing over their cell phone, inmates can find these numbers in their cell phone contact list.

How did my local legislator vote on the bill?

The vote in the Illinois House for House Bill 3653 saw 60 in favor, 50 opposed, and three not voting. A total of eight Democrats voted in opposition.

Rep. Mike Murphy, R-Springfield: Against
Rep. Tim Butler, R-Springfield: Against
Rep. C.D. Davidsmeyer, R-Jacksonville: Against
Rep. Sue Scherer, D-Decatur: For

The Illinois Senate voted 32-23 to pass the third reading of HB 3653, mostly along on party lines — five Democrats voting against it.

Sen. Steve McClure, R-Springfield: Against
Sen. Andy Manar, D-Bunker Hill: For

Are all suspects subject to no cash bail?

Whether or not a detainee qualifies for pretrial release depends on how the judge decides. If the suspect is deemed a flight risk or a risk of endangerment to the community, he or she could remain behind bars.

Contact Patrick Keck: 312-549-9340, pkeck@gannett.com, twitter.com/@pkeckreporter