Kane County Reporter

State Rep. Dan Ugaste (R-Geneva) is not in support of the legislation that eliminates cash bail.

Ugaste highlighted provisions of the SAFE-T Act that he believes will make Illinois less safe.

"Elimination of cash bail will put dangerous criminals back on our streets. During the final hours of the 2021 lame duck session of the 101st General Assembly, Illinois Democrats rammed through anti-police, pro-criminal legislation under the cover of darkness. The Democrats’ so-called “SAFE-T” Act (HB 3653, PA 101-652) contained many controversial provisions that make extensive changes to Illinois’ criminal justice laws. The legislation abolishes cash bail, makes it more difficult for prosecutors to charge a defendant with felony murder, adds further requirements for no-knock warrants, gives judges the ability to deviate from mandatory minimum sentencing requirements, makes changes to the “three strikes” law, and decreases mandatory supervised release terms, among other changes,” said Ugaste.

As of Jan. 1, the following offenses will be considered "non-detainable": arson, burglary, aggravated battery, aggravated DUI, aggravated fleeing, drug-induced homicide, intimidation, kidnapping, robbery, threatening a public official and 2nd degree murder. People who are charged with those crimes will be released without bail.

Gov. Pritzker recently defended the elimination of cash bail, according to The Center Square. "We do not want someone in jail because they were arrested for a low-level crime like shoplifting to be sitting in jail for months or maybe even years," Pritzker said. "At the same time, someone who is a wealthy drug dealer, perhaps accused of murder and arrested, can show up with a suitcase full of money and get out of jail."

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 towards 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.

One provision of the SAFE-T Act that takes effect in January of this year allows criminal defendants who are awaiting trial on home confinement to move freely, without electronic monitoring, two days a week, according to the Chicago Sun-Times. The defendants are supposed to use that time to look for employment, attend school, undergo treatment for a drug addiction or mental illness or grocery shop. However, in the first three months of 2022, around two dozen people were arrested in Cook County during their "essential movement" days. Cook County Sheriff Tom Dart has called for an end to the "essential movement" provision, stating, “At a bare minimum, they should say, ‘If you’re charged with a violent offense, and you’re given home monitoring, you don’t get to wander around free for two days a week.'"

Ugaste noted in his e-newsletter that the bill passed the House with the bare majority of votes, and that it was "strongly opposed" by law enforcement groups, including the Illinois Sheriffs’ Association, the Fraternal Order of Police and "many State’s Attorneys from across the state." Illinois is the first state in the country moving to eliminate cash bail.

SafeWise's annual 2022 State of Safety survey found that only 42% of Illinois residents report feeling safe, while 64% reported feeling "high daily concern" for their safety. 13% of respondents reported experiencing gun violence firsthand, an increase from 8% the previous year. Mass shooting incidents in Illinois increased by 25% from 2020 to 2021.