Illinois legislation enacted in 2021 and currently under review by the state Supreme Court promises to significantly alter the landscape of the criminal justice system. The Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act provides for eliminating cash bail and makes other significant changes in how the state treats individuals accused of crimes.

The most controversial aspect of the SAFE-T Act is how it affects the ability of defendants to be released from jail while charges are pending. Should the legislation stand following the Illinois Supreme Court’s review, cash bail will be abolished. Eligible suspects may be able to obtain a bail bond and others might be released on nonmonetary conditions. However, there are pending proposed amendments to the law that would deny pretrial release for certain crimes — such as arson, murder, kidnapping and sexual assault — and for individuals deemed to be dangerous to the community.

The SAFE-T Act substantially revises the ways in which the police interact with the public. One aspect is in limiting the situations that can result in an arrest. For less serious offenses, police are authorized to issue a citation (ticket) rather than take the suspect into custody. Also, police have the authority to coordinate with first responders for mental health crisis intervention or other social assistance in lieu of arrest. Other provisions of the act restrict police use of force, expand a suspect’s access to medical care and encourage suspects to seek help from friends or family and to secure legal assistance.

In addition, the legislation re-classifies many crimes within the state statutes. Certain offenses have been downgraded in severity and have lesser punishments. This in turn makes it easier for defendants charged with those crimes to secure pre-trial release. The act also calls for expansion of pre-trial release and early intervention programs designed to keep people out of jail.

The SAFE-T Act’s measures are broad and sweeping and would substantially impact the defense rights of people charged with a crime, as well as individuals incarcerated following a conviction.

The Skinner Law Firm, P.C. in Bridgeview, Illinois is one of the Chicago metropolitan area’s most accomplished criminal defense law firms. If you have been arrested or otherwise charged with a crime, feel free to contact us online or call 312-635-6459 for a free initial consultation.