A judge ruled a man charged with his wife’s 1988 murder in Will County cannot be released on an old cash bond and instead must face potential detention in jail under the SAFE-T Act.

On Wednesday, Will County Judge Art Smigielski ruled a detention hearing must be held for Gilbert Bernal, 82, of Michigan, under the pretrial provision of the SAFE-T Act.

Bernal has been charged for a second time with the 1988 murder of his wife, Joan Bernal, 34, in Joliet Township. He was charged in 1993 with his wife’s murder but the case was dropped by prosecutors.

Bernal’s detention hearing is set for Feb. 4.

On that day, prosecutors plan to persuade Smigielski that Bernal must stay in jail because there are no conditions that can mitigate the risks of his jail release.

Will County State’s Attorney James Glasgow has been critical of the SAFE-T Act. In 2022, Glasgow joined statewide litigation to stop the implementation of the cashless bail provision of the SAFE-T Act, which still allows judges to keep people charged with dangerous crimes in jail.

On Wednesday, Glasgow’s prosecutors were defending the law to prevent Bernal’s release on an old cash bond.

“The law now is the SAFE-T Act,” said Catherine Sanders, a Will County assistant state’s attorney.

Bernal’s attorney, Dave Carlson, who was also critical of the SAFE-T Act while serving as a Will County judge, argued the cash bond posted for his his client’s release in the 1993 case should still apply in the new case.

“We’re asking the court to reinstate that bond,” Carlson said.

Smigielski ultimately sided with prosecutors. The judge’s decision was based the dismissal of the 1993 case, which led to Bernal receiving back the cash bond posted for his release at the time.

“This is a new case,” Smigielski said.

During the Feb. 4 hearing, prosecutors will have the burden of proving by clear and convincing evidence there are no conditions that could mitigate Bernal’s dangerousness or flight risk.

Bernal had been living in Michigan when a new cold case investigation by the Will County Sheriff’s Office led to renewed charges against Bernal last December.