Grundy County, state officials address Safe-T Act

GRUNDY COUNTY – The elimination of cash bond is less than six-months away and it continues to worry Grundy County officials.

Illinois became the first state in the country to eliminate cash bail for defendants who are arrested for a crime under the Safe-T Act, as part of the state’s criminal justice reform bill in January 2021 will take affect January 1, 2023.

Many officials have been vocal against the act, saying that it puts the public at risk as defendants are allowed to remain free pending trial. While proponents believe the reform is a step towards justice, ensuring the system is equitable and fair for communities that have been disproportionately harmed by it.

Officials gathered at the Grundy County Sheriff’s Office Friday, to inform the public of the upcoming changes stating that, while the majority of the public is aware cash bond will be terminated, residents may be unaware of some components, such as the Pretrial Fairness Act.

The Pretrial Fairness Act is a part of the Safe-T Act that includes certain provisions prohibiting law enforcement from arresting people for particular offenses, issuing a citation and setting a court date instead.

“I think it is important for the citizens of Grundy County to know that there are going to be certain times after Jan. 1, Class B and C Misdemeanors are no longer going to be arrestable,” Grundy County Sheriff Ken Briley said.

Defendants accused of these types of misdemeanors will be issued citations by police as opposed to arrests. This means if someone trespasses on your property and you call the authorities, law enforcement may only be able to issue a citation under these new guidelines if the person has proper identification, does not pose an obvious threat and does not have an obvious medical or mental health issue that poses a risk to their own safety.

“One major misnomer, I’ve heard in the community is that there will be no consequences for criminal actions in the state after Jan. 1, and that is not accurate. Individuals, if they are found guilty of an offense will be held accountable and sentenced accordingly. The pretrial issues are the major issues,” Helland said.

The act states that judges must decide within 24 or 48 hours after the first court appearance, depending on the charge, whether a defendant is jailed without out bail pending trial.

“Under the Safe-T Act, the burden of detain is significantly higher – in some circumstances we’re going to have to immediately release the individual, we are not going to have enough information to retain them under that high standard,” Helland said.

The law says people charged with certain offenses and eligible for probation upon conviction, won’t be detained prior to trial, unless prosecutors prove they attempt or are planning to evade prosecution.

Illinois Sen. Sue Rezin, R-Morris, said that they have been trying to address the “real problems inherent in the Safe-T Act” for over a year and those problems continue to lessen public safety.

“As lawmakers, it is our duty to ensure that the safety of our communities are intact. We still have time to do our duty, but we must act quickly, before something happens,” Rezin said.

“Instead of eliminating cash bond all together in Illinois, I would recommend modeling our system after New Jersey, which permits cash bail in certain circumstances, to make sure the people, or the offender, who is a public risk to the public is held on cash bail, Under this current bill, that simply doesn’t happen,” she said.