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Sunday, February 5, 2023

The Local Pulse – SAFE-T Act

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Update, Dec. 29, 2022 / This post has been receiving numerous hits today, likely because of yesterday’s ruling regarding the SAFE-T Act.

According to numerous online news reports (Chicago Sun Times, Chicago Tribune, ABC News, Daily Herald and others) issued since late Wednesday, the end of cash bail in Illinois is now in question as a portion of the Safety, Accountability, Fairness and Equity-Today Act has been deemed unconstitutional. Kankakee County Circuit Court Judge Thomas W. Cunnington issued his mixed ruling that “declaratory judgment is proper in this case and that plaintiffs have met their burden to show to this court that [the SAFE-T Act] as they relate only to the pretrial release provisions are facially unconstitutional” while finding the state was successful in defending against challenges of alleged violations of the single subject rule and whether the bill was given proper public hearing.

Cashless bail was set to go into effect, Sun., Jan. 1, 2023. An appeal to the decision is likely.

Follow up Dec. 30, 2022 / According to a Daily Herald frontpage report in its Dec. 30 edition, the judge’s ruling does not apply to Cook, DuPage, Kane or Lake counties, but “it could throw a wrench into how cases will be handled in other parts of the state,” creating administrative headaches and additional costs.

Follow up Dec. 31 , 2022 / News spread quickly around New Year’s Eve events that the Illinois Supreme Court issued an order directing Illinois counties to delay implementation of the Pretrial Fairness Act for reasons that it is unconstitutional. Quick searches on line for “Illinois SAFE-T Act” revealed that the Pretrial Fairness Act will not be taking effect as scheduled on January 1, 2023.

Update, Oct. 4, 2022 / Thanks to Grant Wehrli for his column that shined some light on the Safety, Accountability, Fairness & Equity Today Act (SAFE T Act) in our September issue and posted here online.

Thanks also to Chamber 630 and the many Chambers of Commerce in DuPage County for hosting the enlightening event that attracted more than 300 listeners to the Chicago Marriott Naperville early Tuesday morning, Oct. 4. More than ever, it’s important for all Illinois families to understand all aspects of the SAFE T Act and how it will touch lives and businesses in the Land of Lincoln.

Also, pay attention to what’s happening at ILGA.gov. Click here for 102nd General Assembly Veto Session Schedule, November 15, 16, 17, 29, 30 and December 1 2022.

Be informed and be safe. Thank you.

(Note: During the recent breakfast States Attorney Bob Berlin cited the New Jersey Justice Reform Law as one to consider following.

Click here for overview of the New Jersey bail reforms that are frequently cited and highly recommended as ones to follow by States Attorneys Bob Berlin (R-DuPage County) and James Glasgow (D-Will County). Consider also that states attorneys in 100 of the 102 counties in Illinois object to some provisions in the SAFE-T Act as currently written.)

Original Post, Sept. 19, 2022 / Few issues are as polarizing as gun control. Similarly, the pre-trial treatment of people charged with crimes also elicits strong emotions on both sides. The SAFE-T Act was the Legislature’s attempt to create a fairer criminal justice system regarding detention standards for the accused. Support and disdain for the legislation is ratcheting up as the implementation date of Jan. 1, 2023, approaches for many of the more controversial provisions, including the end of cash bail.

Whether you support or oppose the SAFE-T Act, I think there are many things on which most of us can agree. Take body cameras, for example. I think there is general agreement that body cameras are a good idea. If used properly, there are benefits to both crime victims and police officers.

I think we can also agree that releasing dangerous criminals back into our neighborhoods while they await trail is not in the best interest of public safety. DuPage State’s Attorney Bob Berlin has provided several examples of violent offenders who today can remain behind bars, but as of Jan. 1, 2023, would be released pending trial. He called the SAFE-T Act a “self-contradicting law” that will make our communities less safe. He points to inconsistent detention requirements and heightened burdens on judges that will make it extremely difficult to order pre-trial detention for most defendants.

We need look no further than Cook County to see how disastrous the elimination of cash bail has been. There are countless examples of repeat offenders who were arrested and released through no cash bail, only to commit more, often violent crimes.

Can we also agree that passing a 750-page bill in the middle of the night during a lame duck session of the Legislature is not ideal? In lame duck sessions, outgoing legislators have no accountability to voters, so they’re more likely to vote for controversial measures.

And can we also agree that overhauling the criminal justice system without having law enforcement at the table is problematic? But that’s how the SAFE-T Act came to be. It was a middle-of-the-night vote with zero input from law enforcement.

With points of agreement as a starting place, I fully support the City Council’s recent decision to further discuss problematic areas of the SAFE-T Act and call into question the judgement of those council members who didn’t support further discussion. We all want a safe community and a fair criminal justice system, so let’s do a deeper dive into the so-called SAFE-T Act and decide how it can be improved for the betterment of all.

Multi-chamber of commerce event presents ‘Safety in DuPage’

Editor’s Note / A multi-chamber of commerce event set for Oct. 4, 2022, will feature expert panelists addressing the 750-page SAFE-T Act. The breakfast presentation organized by Chamber630 will be held at Chicago Marriott Naperville, 1801 Naper Blvd. Public welcome with advance reservation.

Chamber630,  located in Downers Grove, along with eleven other Chambers will host a complimentary breakfast on October 4, 2022, at Chicago Marriott Naperville, 1801 Naper Blvd. in Naperville. An expert panel will be featured to discuss the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, as we approach its final phase commencing January 1 of 2023. The SAFE-T Act was signed into law by J.B. Pritzker on January 22, 2021.

The purpose of this event is to inform and educate interested parties on the effects the law may have on the residents and businesses located within DuPage County. Inland Real Estate Group of Companies is the sponsor.

The Act implements reform of many aspects of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing, and corrections. Several provisions of the Act took effect July 1, 2021.

To address its possible impact and share viewpoints, the panel will include DuPage County State’s Attorney Bob Berlin; Supreme Court Justice Michael J. Burke; DuPage County Sheriff James Mendrick; and DuPage County Board member, Greg Hart, candidate for DuPage County Board Chairman. The panel will be facilitated by attorney Stefanie Hood, candidate for State Representative, District 42.

The other hosting chambers of commerce include Aurora, Bloomingdale, Carol Stream, Darien, Greater Oak Brook, Hinsdale, Lombard, Naperville, Western DuPage, and Westmont.

“Safety is a top concern of all DuPage County businesses and certainly residents,” said President & CEO of Chamber630 Laura Crawford. “Based on the crime stats we see in Chicago, where this law has already been implemented, it could become a crucial economic development issue, and we should all be paying close attention to its impact.”

For more information regarding the breakfast forum, visit Chamber630.com/Events.

Get to know all the facts about this Illinois crime bill that calls itself a “SAFE-T Act.” Some provisions in the act need to be addressed and adjusted. Urge all state legislators to get it right.

Stand up for first responders—police, EMS, firefighters, hospital workers and all individuals who work to protect and save lives. Thank you.

 

 

Grant Wehrli
Grant Wehrli
Grant Wehrli is a lifelong Naperville Resident and former Representative in the Illinois House of Representatives and Naperville City Councilman.

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