A Crystal Lake man accused of theft has been released pending trial – a move prompting McHenry County’s top prosecutor to criticize the Illinois SAFE-T Act that did away with cash bond.
Jordan D. Pena, 32, is accused of retail theft with a previous conviction, according to McHenry County authorities, who cited his long record of similar cases.
In the newest charges, authorities allege that Pena twice stole jewelry valued at more than $300 from Hobby Lobby in McHenry. The alleged thefts happened Jan. 20, when court records say Pena stole items valued at $943, and Dec. 23 – apparently immediately after he pleaded guilty to felony retail theft for stealing Magic the Gathering trading cards from Walmart in Johnsburg, according to records in both cases.
Those court records show a sentencing order in the Johnsburg case was entered at 10:06 a.m. on Dec. 23, and he was accused of stealing from Hobby Lobby at 10:41 a.m. the same day.
Pena did receive 30 days in jail in the Johnsburg case, but records show he was not required to report to jail until Jan. 30.
For the new charges, Pena was released pretrial with conditions Thursday, according to court records. Prosecutors said in a news release that Pena was in court “after being served with arrest warrants for two additional felony theft offenses.”
In addition to his December plea in McHenry County, Pena was also convicted of felony retail theft in Kane County in January, according to the release.
And authorities said the new charges bring that total number of felony theft cases filed against Pena to 12 since last July.
“Since his January conviction, ten new felony theft cases have been filed against him across five counties: Lake, Winnebago, Cook, Kane and McHenry. Prior to this recent pattern of offenses, Pena was arrested thirteen times between 2014 and 2022 and was convicted in each case, including two felony convictions,” according to the release.
“Prosecutors were legally prohibited from seeking pretrial detention in this matter and the court was unable to order pretrial detention, officials said, because the SAFE-T Act does not allow for it,” the release continued.
“It is absurd that this man is required to be let free into our community. This case highlights a serious gap in our current law,” McHenry County State’s Attorney Randi Freese said in the release. “An individual with a demonstrated pattern of repeated felony conduct, spanning multiple jurisdictions, is not eligible for pretrial detention under the SAFE-T Act. Our office remains committed to protecting public safety, but the limitations of the statute in cases like this are clear and concerning.”
Pena is due back in court May 14.
Freese and Tadelman are among the many critics of the SAFE-T Act in the law enforcement community, particularly among Republicans.
Supporters of the reforms argue they’ve also resulted in people being detained pretrial who, under the old system, would have stood a good chance of being released. That’s because, except in the most heinous and violent cases, defendants were rarely held without bond, meaning they would have the chance to be released pretrial if they were able to put up 10% of the bond amount.