By: Ashmar Mandou

In efforts to eliminate confusion over the controversial SAFE-T Act, which originally passed in 2021, Governor Pritzker on Tuesday signed HB1095, a series of amendments and clarifications to the SAFE-T Act.

“I’m pleased that the General Assembly has passed clarifications that uphold the principle we fought to protect: to bring an end to a system where wealthy violent offenders can buy their way out of jail, while less fortunate nonviolent offenders wait in jail for trial,” said Governor JB Pritzker. “Advocates and lawmakers came together and put in hours of work to strengthen and clarify this law, uphold our commitment to equity, and keep people safe.”  

The bill addresses misunderstandings related to the Act, including clarifying the detention net, expanding processes for transitioning to cashless bail on January 1st, and specifying definitions of willful flight and dangerousness, among other changes. To address concerns that all violent offenders will be released Jan. 1, 2023, House Bill 1095 lays out a clear transition process for courts and law enforcement to avoid misinterpretation of the law:

• Anyone charged on or after Jan. 1 will be entered into the new system;

• Anyone charged before Jan. 1 stays in the current system, but the state or defendant have the option to move the case to the new system;

• The motion schedule will prioritize low level non-violent offenders;

• Those defendants who are charged with low level non-violent crimes must receive their offense hearings within seven days;

• Those who are requesting to be entered into the new system but could be considered a flight risk will have an offense hearing within 60 days and those who are considered a threat to public safety will have a hearing within 90 days. A judge will have discretion on whether these individuals will be released pre-trial.

SAFE-T Act further clarifies and makes consistent all language pertaining to what prosecutors must show to detain an individual, which is that the person poses a real and present threat to any person or the community, based on specific articulable facts of the case. In addition, SAFE-T Act addresses concerns about the enforcement of trespassing to ensure that a trespasser can be cited – and then arrested – if they refuse to leave. “This legislation builds on the foundation we set in the SAFE-T Act by making certain that provisions are clearer, more effective, and less difficult to implement,” Representative Eva-Dina Delgado (D-Chicago) said. “Institutional barriers within the criminal justice system have disproportionately affect people in the communities that I represent and this legislation addresses that disparity.  I am so proud of the work that my colleagues, stakeholders and I did to engage and collaborate to bring forth this bill.” Parties engaged in this effort included law enforcement, states attorneys, the Coalition to End Money Bond, ACLU of Illinois, the Cook County Public Defender’s Office, the Illinois Coalition Against Domestic Violence, and CAASE to name a few.