Dupage Policy Journal

State Rep. Seth Lewis (R-Bartlett) said although he supports criminal justice reform, he voted against the SAFE-T Act and believes certain aspects of the bill will harm public safety.

"The SAFE-T Act has garnered endless feedback across our state since it was passed; I did not vote in favor of it in the legislature but I do support reform efforts to improve it so that our state can be safer and we can have the backs of our police officers," Lewis posted on Facebook. "Most recently, this law has been in the limelight for the upcoming impacts it will have regarding the elimination of Illinois' cash bail system starting Jan. 1. This is a dangerous provision: people can no longer be held in custody prior to trial for offenses like robbery, arson, kidnapping, drug trafficking, and more. The elimination of cash bail will reduce public safety and put communities across the state at risk. I stand ready and willing to work toward improving public safety—which means working to reform the dangerous implications of this law that will only cause more harm to our communities and families across Illinois.”

According to Fox 2 Now, a Democratic state's attorney, Jim Rowe of Kankakee, has filed a lawsuit against the state alleging that the criminal justice reform legislation amends the Illinois Constitution, which can only legally be done via ballot measure. “The Safe-T Act has effectively violated this section of the Illinois Constitution without a referendum vote of the people,” Rowe said. “The legislature does not have that power.” 

Rep. Kam Buckner (D-Chicago) doesn't think the suit has merit, "For all of these folks who are all-of-a-sudden strict constitutionalists when it comes to the Illinois Constitution, I’ll remind them the death penalty is also in the Illinois Constitution," he said.

Will County's state's attorney also filed a lawsuit over the SAFE-T Act, ABC Chicago reported. Gov. J.B. Pritzker has called the lawsuits a "weak attempt to protect the status quo that lets murders and abusers pay their way out of jail."

Much of the controversy over the bill has been focused on a provision that eliminates cash bail in the interest of pre-trial "fairness."

Radio station 97ZOK has posted a list circulating on the internet of offenses that allegedly will be considered "non-detainable:" arson, burglary, aggravated battery, aggravated DUI, aggravated fleeing, drug-induced homicide, intimidation, kidnapping, robbery, threatening a public official, and second degree murder. The list said that people who are charged with those crimes will be released without bail.

Gov J.B. Pritzker took to Facebook call this "misinformation."

"Misinformation spreads like wildfire, and there are ugly lies making the rounds about the SAFE-T Act," Pritzker posted. "This law does not mandate the release of defendants or create 'non-detainable offenses.' Defendants are eligible for pre-trial release based on their risk, not their bank accounts."

He posted a fact check from Central Illinois Pride that contradicts the internet list. The article says there are no "non-retainable offenses," and "A judge may revoke pretrial release from ANY perpetrator who 'poses a specific, real and present threat to any person or the community,' or who is deemed a flight risk."

Supporters of the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, including the Illinois Legislative Black Caucus, point to the legislation as a step toward making the justice system more equitable for minorities. Republicans have called the SAFE-T Act a “de facto defund the police bill" because of the additional regulations it places on police officers.

The General Assembly has a chance to repeal the bill during the fall veto session, which is scheduled for Nov. 15, 16, 17, 29, and 30, and Dec. 1.