Kankakee Times

The SAFE-T Act, set to go into effect on January 1st of next year, has been subject to criticism from state’s attorneys to candidate campaigns. The provision in the bill that abolishes cash bail has been the key recurring talking point for both sides. In lieu of cash bail is a system where the ‘burden of proof’ for pretrial detention falls to the state. Governor J.B. Pritzker has expressed that the bill as a whole will bring equitable change to Illinois’ justice system. The opposition claims that the SAFE-T Act will not make citizens safer, but simply overburden police departments, and provide the opportunity for violent criminals to be released back onto the streets.

Philip Nagel, candidate for state senate in the 40th district, posted a statement to Facebook regarding provisions in the SAFE-T Act that would affect police departments.

"Big government is killing Illinois. Massive government budgets, high taxes, and growing regulations make living, working, and running a business in Illinois unaffordable," Nagel said in his Facebook post. "With their new SAFE-T Act law, Senator Joyce and the Democrats in Springfield are now pushing big government to make us less safe too. Set to take effect in 2023, this law will require police officers to complete an estimated 6-8 additional hours of paperwork for each arrest they make. This dangerous law will make law enforcement officers pencil-pushing bureaucrats, taking them off the streets and preventing them from doing the important work of keeping our communities safe. The SAFE-T Act is more than just a bureaucratic distraction - it will have dire consequences for the safety of everyone that calls Illinois home. I demand that the General Assembly repeal the SAFE-T Act so we can keep our brave law enforcement officers on duty."

Philip Nagel is a veteran, former EMT/fireman, and currently works as a migration specialist for a worldwide company. He is a lifelong resident of Will County striving to preserve an Illinois where the constitutional rights of citizens are respected and upheld, according to his website.

The Illinois Courts website states that the "Illinois Supreme Court Pretrial Implementation Task Force was created in 2020 to prioritize and implement the recommendations of the Supreme Court Commission on Pretrial Practices and help prepare the justice system for the changes coming once the Pretrial Fairness Act (PFA) takes effect in 2023." The PFA was a part of Public Act 101-0652; originally HB3653, the SAFE-T Act.

In a Chicago Sun Times op-ed article, former Riverside police chief Tom Weitzel wrote what he believes this means for police departments across the state. Weitzel begins by explaining the better known provisions of the SAFE-T Act and the consequences. He went on to talk about the administrative burden the average police officer is facing following the action of the Pretrial Implementation Task Force.

According to Weitzel's op-ed, police officers on a felony arrest will likely start choosing to not make that arrest. The reasoning behind this is because with the elimination of cash bail and ‘burden of proof’ for pretrial detention falling to the state, it is possible the individual committing a felony will be released back onto the street while the officer must complete potentially 6-8 hours of paperwork for that one arrest.

Weitzel wrote that he believes that the implementation of the SAFE-T Act will create "apathy and low morale" in police officers across the state.

Weitzel concluded the op-ed by expressing that he is not advocating for this behavior nor is he claiming it is right, but in his opinion this is what will happen should the SAFE-T Act go into effect on Jan. 1.

The Center Square reported that on a recent campaign stop, Gov. J.B. Pritzker said if ‘making changes to the language’ helps people to understand the bill and keeps the state safe, he would be open to it.