Metro East Sun

Kevin Schmidt, Republican candidate for state representative in the 114th District, says a recent Illinois Supreme Court decision retroactively applying the SAFE-T Act demonstrates why so many people are concerned about the full ramifications of the criminal justice reform measure. 

Schmidt's comment came after the recent release of a Supreme Court opinion on retroactively applying the SAFE-T Act in a sentencing appeal.

“In essence, the Illinois Supreme Court retroactively used the SAFE-T Act to interpret the intent of the Juvenile Court Act of 1987,” Schmidt said. “A major concern about the SAFE-T Act is how the courts will interpret it and if the Illinois Supreme Court is willing to retroactively apply this law to old cases, those concerns are indeed valid. The intent of the LaToya Greenwood-backed SAFE-T Act was to completely transform our judicial system and it is already accomplishing this goal even before it fully takes effect.” 

Incumbent Rep. LaToya Greenwood (D-East St. Louis) is Schmidt's opponent in the Nov. 8 general election. Schmidt said he is the only candidate in the race who will fight to repeal the SAFE-T Act.

“Voters in the 114th District have an opportunity to voice their concerns about the SAFE-T Act by electing me to office,” Schmidt said. “The only way we can repeal this legislation and enact common-sense reforms is to vote legislators like LaToya Greenwood out of office. I will put the safety of our communities first and I will never turn my back on the residents of the 114th District.”

The Supreme Court ruling took some observers by surprise.

“Aside from being bizarre as a matter of statutory interpretation, a Friday opinion rendered by the Illinois Supreme Court provides a frightening warning about how courts may misapply the new SAFE-T Act," Mark Glennon wrote for Wirepoints. "The high court applied the Act’s new, more lenient sentencing standards that only became law last year to resolve a five-year old criminal sentencing matter for a crime committed six years ago based on a law that’s 35-years old. In effect, the court applied the SAFE-T Act retroactively." 

The ruling came along party lines with Democratic Justices Anne M. Burke, Mary Jane Theis, P. Scott Neville and Robert L. Carter ruling in favor of interpreting the law. The issue came to a head when an offender suggested his juvenile record should not be considered during sentencing — something mandated when the by the SAFE-T Act. The opinion was dissented by Republican Justices David Overstreet and Michael J. Burke. "New Illinois Supreme Court Justice Lisa Holder White took no part in the decision, as she came on the court after arguments were held," Cook County Record reported.

In 2017, then 21-year-old Denzal Stewart was convicted of possession of a stolen motor vehicle he stole in 2016. While being sentenced, the State brought up past felony convictions in 2013 (residential burglary, a Class 1 felony) and 2014 (for possession of a stolen motor vehicle, a Class 2 felony), which elevated the sentencing to Class X felony status and was sentenced to a minimum of six years. Stewart appealed, arguing his past convictions should have been disregarded because he was a juvenile at the time. According to the justices, the intent of the Legislature was vague in circumstances like this, they looked to the SAFE-T Act which has yet to even be fully implemented, and because the SAFE-T Act forbids judges from considering offenses committed as a juvenile. The opinion stated that "that conviction could not serve as a basis for Class X sentencing eligibility. Id. Accordingly, the appellate court vacated defendant’s Class X sentence and remanded the cause to the circuit court for resentencing as a Class 2 offender. Id. ¶ 48. For the reasons that follow, we affirm the appellate court’s judgment."   

Opponents of the SAFE-T Act claim its elimination of cash bail – effective Jan. 1, 2023 – will set loose suspects awaiting trial on charges of robbery, kidnapping, arson, second-degree murder, intimidation, aggravated battery, aggravated DUI, aggravated flight, drug-related homicide, and threatening a public official.

Gov. J.B. Pritzker called these allegations "misinformation."

"Misinformation spreads like wildfire, and there are ugly lies making the rounds about the SAFE-T Act," Pritzker posted on Facebook. "This law does not mandate the release of defendants or create 'non-detainable offenses.' Defendants are eligible for pre-trial release based on their risk, not their bank accounts."

According to the Madison-St. Clair Record, of the 102 state's attorneys, 100 are in favor of amending or repealing the SAFE-T Act. Eric Rinehart from Lake County and Kim Foxx from Cook County are the remaining state's attorneys who support the legislation.

Kevin Schmidt is a board-certified chiropractor and the owner of Schmidt Chiropractic with locations in Millstadt and Freeburg. The 114th District includes East St. Louis, Millstadt, Fayetteville and Lebanon.