Today, the Illinois Supreme Court issued a decision upholding the controversial SAFE-T Act, which eliminates cash bail in Illinois. The stay that the Court issued while the case was pending will be lifted on September 18th. I would like to take a moment to explain the steps that our office will take to coordinate the county-wide response to this decision. I hope this will reassure you that all of us in law enforcement and the courthouse remain committed to protecting the safety of the people of Knox County.
In line with many other State’s Attorneys in Illinois, I filed a complaint in Knox County Circuit Court, seeking to declare the SAFE-T Act unconstitutional. My main rationale for filing was to address the questionable aspects of the Act in one consolidated case, rather than dealing with them on a defendant-by-defendant basis in hundreds of cases.
Starting September 18th, whether a defendant will be held before trial will not depend on the size of their bank account but rather on the level of danger they pose to the community, as determined by the SAFE-T Act. This legislation significantly changes the way law enforcement will conduct arrests and nearly every step of the criminal prosecution process. Implementing the Act in Knox County poses several challenges for us in law enforcement. To address these challenges, we have planned the following steps over the next 60 days:
1. My office has prepared a comprehensive SAFE-T Act handbook that explains the pre-trial detention process from arrest to conviction. This handbook includes decision trees and flowcharts for all stakeholders, including patrol officers, prosecutors, and courthouse staff. It also contains all the pleadings that our office intends to use to detain dangerous defendants.
2. We will conduct online training sessions for all courthouse staff, including the offices of the State’s Attorney, Public Defender, and Circuit Clerk.
3. Multiple training sessions will be organized for law enforcement and jail personnel to familiarize them with the new procedures.
4. I will be the on-call attorney for the first five weeks after September 18th. Police officers will be able to consult with me at the time of each arrest to address any questions or concerns as they learn how the new process works.
5. We will hold troubleshooting sessions with prosecutors, defense attorneys, and judges before September 18th to anticipate and address potential problems before they occur.
Through these preparations, we aim to ensure that Knox County not only complies with the letter of the SAFE-T Act but also maximizes our understanding of every provision under the Act for detaining dangerous defendants. These challenges do not undermine our resolve and commitment to protecting the people of Knox County.
***Courtesy of Knox County State’s Attorney Jeremy S. Karlin***
