Kankakee Times

Bodies of local government are preparing for the implementation of the SAFE-T Act, due to take effect on Jan. 1, even though legislation is still under fire.

“The safety of 40th Senate district communities is on the ballot this November,” Phil Nagel, a candidate vying for the IL-40 Senate seat, said. “When it takes effect, Illinois Democrats’ radical new SAFE-T Act law will force Will and Kankakee County jails to release half of all their dangerous criminals currently being held pretrial, back onto our streets. This means that criminals responsible for crimes like armed robbery, drug trafficking, and murder would walk free while our families fear for their safety.”

Illinois residents can expect to pay for the promises of the Act, too. Counties are looking to raise taxes to balance budget deficits due to unfunded mandates within the bill. 

The legislation has drawn criticism almost from the day it was introduced. There are state’s attorneys who have begun the meticulous process of reviewing cases of people being detained pretrial to determine who will be released on Jan. 1. All the while, state-level elected officials and candidates continue to battle over the right course of action moving forward. Almost all — 100 out of 102 — Illinois state’s attorneys have opposed the SAFE-T Act for various reasons, and all Republican candidates and incumbents have opposed the bill, and numerous Democrats have either opposed the bill or stated the wording needs to be changed.

“This attack on our communities is unacceptable,” Angel said. “Sen. Joyce should be ashamed of himself for refusing to vote against this dangerous law. When I get to Springfield, I will fight to repeal the SAFE-T Act, and advocate for stricter enforcement of our laws so that Illinois families can feel safe again.”

The SAFE-T Act was passed by the Illinois State Legislature in January 2021 and deals with many aspects of criminal justice reform, including the banning of cash bail, prohibiting pre-trial detention for several crimes, and increasing training and equipment requirements for Police Departments. The bill passed the General Assembly unanimously and the Senate by a 32-23 vote. Gov. J.B. Pritzker signed the bill a few days later. 

The ICJIA website states that the SAFE-T Act enacts extensive reform impacting many areas of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing, and corrections. 

The most controversial aspect of the SAFE-T Act is the elimination of cash bail in the state. The bill noted it will be “presumed that a defendant is entitled to release on personal recognizance” and may be detained thereafter if they violate certain conditions listed in 725 ILCS 5/110-2. 

The website Police 1 has reported that among the major provisions of the SAFE-T Act is one that restricts the level of force officers may use while pursuing an offender or making an arrest if the officer reasonably believes the person can be apprehended at a later date. 

It will be illegal for law enforcement to shoot a taser at someone’s back, pelvis and head, which currently is a "recommended target" in all police officer training. Additionally, body cameras will be made mandatory for all law enforcement agencies by 2025, a facet of the bill that is not funded by the state. 

Under the law, officers cannot make custodial arrests for Class B misdemeanors, which include criminal trespass and window-peekers. Instead of making an arrest, officers will be required to issue a citation and do not have the authority to remove a person from private or public property unless they are acting in a threatening manner. 

Many localities are struggling to find the funding required to implement the SAFE-T Act. The Center Square reported the Kane County Board is discussing its first property tax hike in a decade, claiming they need it to fill a $3 million deficit created by unfunded mandated reforms in the SAFE-T Act. 

State’s Attorney James Glasgow was asked about the SAFE-T Act in a recent interview with WGN10 Radio. “The bottom line is the law [The SAFE-T Act] is unconstitutional,” he responded. Glasgow continued, referencing Article I Section 9 of the Illinois State Constitution, which states, “[A]ll persons shall be bailable by sufficient sureties,” except for capital offenses, the death penalty, life in prison or felonies with mandatory prison. 

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