Dupage Policy Journal

State’s Attorney Robert Berlin expressed concerns about the SAFE-T Act law, urging the General Assembly to amend it to allow judges more discretion.

Under the SAFE-T Act, Chicago man Terry Johnson, charged with breaking into a Hinsdale high-end boutique, has been released from custody pending trial. Berlin and Hinsdale Chief of Police Brian King announced the release on Sept. 21.

“The fact that Mr. Johnson, who is currently on parole and now accused of a forcible felony, will be out on the streets pending his trial illustrates a deficiency in the new law,” Berlin said. “I have been saying all along that after hearing the facts and circumstances of a case, a judge, not the legislature, is in the best position to decide if pre-trial release for a defendant is appropriate." 

"This morning, while Judge Dieden expressed his concern over the implementation of the law, his hands were tied as he was required by law to release Mr. Johnson pre-trial because the forcible felony of burglary is excluded from the list of detainable offenses under a dangerousness standard unless there is use of force against another person. With Mr. Johnson’s case as a glaring example of what I fear will be many defendants unduly released pre-trial, I urge the General Assembly to amend the law and allow judges to use their discretion in every case similar to New Jersey’s pre-trial release law. I commend the Hinsdale Police Department for their truly outstanding work in the identification and apprehension of the defendant in this case. I thank Assistant State’s Attorneys Alyssa Rabulinski and Anthony Raimondi for their efforts in preparing a strong case against Mr. Johnson.”

King praised the Hinsdale Police Department's work in the case and promised to continue pursuing charges against all responsible parties.

“This was an audacious burglary with seven offenders,” King said. “We will continue working to ensure that everyone that was responsible is ultimately charged. We thank State’s Attorney Bob Berlin and his office for their assistance in this investigation. 

Johnson faces charges of Armed Violence (Class X Felony) and Burglary (Class 2 Felony) and appeared in court with multiple conditions of release imposed by Judge Joshua Dieden, including GPS electronic monitoring at a cost of $10/day and staying at least one thousand feet away from Kelsey Resale Boutique. 

Johnson is on parole for armed robbery and aggravated battery. The alleged burglary occurred on May 24, when Johnson and six accomplices used a sledgehammer to break into the boutique and stole $68,000 worth of merchandise. DNA evidence collected from the scene linked Johnson to the crime, leading to his arrest on Wednesday, Sept.20. 

Johnson's next court appearance is scheduled for Oct. 16, in front of Judge Margaret O’Connell.