New Bills Could Limit Pretrial Release in Illinois

Four Years After the SAFE-T Act: Central Illinois Lawmakers Push for Public Safety Reforms

In 2021, Illinois enacted the SAFE-T Act, a comprehensive criminal justice reform aimed at promoting equity and accountability. Key provisions included the elimination of cash bail, reforms to policing practices, and changes to pretrial procedures. While supporters hailed it as a step toward a more just system, critics, particularly from law enforcement and conservative lawmakers, have expressed concerns about its impact on public safety.

Proposed Legislative Changes

Four years later, these concerns have led to new legislative proposals aimed at addressing perceived shortcomings of the SAFE-T Act. Republican State Representative Dennis Tipsword, who also serves as the chief deputy of the Woodford County Sheriff’s Department, has introduced a series of bills intended to enhance public safety and provide law enforcement with more tools to detain individuals deemed dangerous.

One of the key proposals seeks to expand the list of detainable offenses. Under the current system, judges can detain individuals accused of certain serious crimes, such as murder or sexual assault, if they pose a risk to public safety or are likely to flee. Tipsword’s proposal would allow judges greater discretion to detain individuals based on their behavior and potential threat, even if the alleged crime is not among the most severe.

Another proposal aims to reclassify the offense of fleeing and eluding police from a Class A misdemeanor to a felony. Tipsword argues that the current penalty does not adequately reflect the danger posed to both officers and the public when individuals attempt to evade law enforcement.

Additionally, Tipsword has criticized the Trust Act, a 2017 law that limits state and local law enforcement’s cooperation with federal immigration authorities. He contends that this law hampers the ability of law enforcement to address certain public safety concerns effectively.

Implications To Know

The SAFE-T Act’s elimination of cash bail was intended to prevent individuals from being detained pretrial solely because they could not afford bail, thereby addressing economic disparities in the justice system. However, opponents argue that this change has led to the release of individuals who may pose a threat to public safety.

Supporters of the SAFE-T Act maintain that the reforms promote fairness and that judges still have the authority to detain individuals who pose significant risks. They also emphasize that the Act includes measures to improve police accountability and community trust.

The proposed legislative changes reflect an ongoing debate about how to balance criminal justice reform with public safety concerns. As these bills are considered, stakeholders from various sectors, including law enforcement, legal experts, and community advocates, will continue to weigh in on the best path forward for Illinois.