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September 21, 2023

McHenry County State's Attorney's Office shares concerns with the implementation of the SAFE-T Act
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McHenry County State’s Attorney’s Office shares concerns with the implementation of the SAFE-T Act

News • September 21, 2023

McHenry County State’s Attorney’s Office reveals concerns with the SAFE-T Act’s second day of operation

By

MCHENRY COUNTY—Sept. 19 marked the first day in which state jails began operating under the SAFE-T Act, which ended the cash bail system in Illinois in hopes of creating a more equitable system where pre-trial detention is based on community risk rather than financial means, according to Governor J.B. Pritzker.

McHenry County State’s Attorney Patrick Kenneally released a statement calling the first day of operations under the SAFE-T Act “absurd and incoherent.”

“As has been said many times, the most glaring problem with the SAFE-T Act is that pretrial release decisions are being made based on the type of charge a defendant faces, not a defendant’s dangerousness or likelihood of complying with court orders,” said Kenneally.

On Sept. 20, Kenneally released yet another statement on the second day of the SAFE-T Act implementation where he shared two examples of non-detainable defendants that were able to return to the community as a result of the act.

“A 39-year-old male was charged with Possession of a Controlled Substance (Fentanyl) after allegedly being found by police outside a gas station yesterday (Sept. 19) banging his head against the wall,” explained Kenneally. “Possession of Fentanyl is a ‘non-detainable’ offense under the SAFE-T Act therefore he was released back into the community. This defendant had been arrested 20 times, six times for felony offenses, and three times for drug-related charges. In 2015, the defendant was sentenced to 10 years in the Illinois Department of Corrections for Residential Burglary.”

Kenneally continued by describing another concerning incident regarding a 19-year-old defendant who was arrested after he allegedly pulled out what appeared to be a black handgun on a Metra conductor that was en route to Chicago.

The incident occurred after the male subject was asked to leave the train due to a confrontation with other passengers. The defendant fled the scene but was arrested shortly after.

Police were unable to recover the firearm and, accordingly, could not verify its authenticity, but authorities did locate a switchblade on the defendant at the time of his arrest.

Kenneally stated that the defendant was charged with “Aggravated Assault and Unlawful Use of Weapons,” which are both considered “non-detainable” offenses under the SAFE-T Act.

“Here we have two more defendants, which, based on the allegations and/or criminal histories, might allow a judge to reasonably conclude that they present a clear risk of disregarding the law and/or court orders if released,” said Kenneally.

He ended his statement by highlighting that under the SAFE-T Act, a judge is without the power to detain defendants in these types of cases even if these kinds of individuals pose a potential threat to the community.