Metro East Sun

January 1st, the effective date of the SAFE-T Act, is fast approaching and local governments are preparing for its implementation. Counties are looking to raise taxes to balance budget deficits due to unfunded mandates within the bill. State’s attorneys have begun the meticulous process of reviewing cases of people being detained pretrial to determine who will be released on January 1st. 

All the while, state level elected officials and candidates continue to battle over the right course of action moving forward. 100 out of the 102 Illinois state’s attorneys have opposed the SAFE-T Act for various reasons, 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. Jennifer Korte, a Republican candidate for State Representative in the 112th district, is one of those opposed to the law.

"The safety of Metro East communities is on the ballot this November. When it takes effect, Illinois Democrats’ radical new SAFE-T Act law will force the Madison and St. Clair 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," Korte said in a statement. "This attack on our communities is unacceptable. My opponent has been silent on this issue. When I get to Springfield, I will fight to repeal the SAFE-T Act, and advocate for stricter enforcement of our laws so that our families can feel safe again."

Jennifer Korte is the Republican candidate for State Representative in the 112th district who describes herself as someone who believes that “our government should be run by the people” and that “political office should not be a self-serving position”. Korte’s primary goals in Springfield would be to lower taxes, be a leader in budget reform, and fight for parental rights. She has also adamantly opposed the SAFE-T Act throughout her campaign.

The Illinois Criminal Justice Information Authority (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 its elimination of cash bail in the state of Illinois. 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.

Police 1 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, according to Police 1. 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.

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