Bennett Proposes SAFE-T Act Changes, Draws Praise and Criticism
Sen. Scott Bennett (D-Champaign) introduced legislation to implement changes to the controversial SAFE-T Act, which eliminates cash bail as of January 1.
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Sen. Scott Bennett (D-Champaign) has filed the first bill aimed at cleaning up the controversial cash bail elimination law that takes effect January 1.
Bennett, a moderate Democrat and former prosecutor, filed SB 4228 late Monday.
The bill continues to eliminate cash bail, but makes some clarifications to the law:
States clearly a defendant can be labeled a flight risk if they have previous non-appearances in court.
Would make the cash bail law applicable beginning January 1, 2023, meaning all pending crimes would continue to fall under the current system.
Allows a judge to hold a defendant if charged with a forcible felony in which the defendant is eligible for a prison sentence.
Clarifies multiple definitions for holding a defendant. It eliminates provisions for a “specific person,” and makes threats to “any person or the community.”
Some of the provisions are those being advocated by State’s Attorneys who have been negotiating a “trailer bill” for passage during the November veto session.
We’re told House Democrats want to lead changes on the bill, so there could be another version that comes forward.
Rep. Jehan Gordon-Booth (D-Peoria), who leads the House Democrat working group negotiating changes to the bill, issued a statement Wednesday morning, saying Bennett’s bill will receive “thoughtful consideration.”
“Since the SAFE-T Act was passed in January 2021, legislators have worked with stakeholders from across the state to address sincere concerns and facilitate the law’s successful implementation,” Gordon-Booth said. “These conversations have been invaluable, and as a result the House has passed three trailer bills refining and improving the law. That work continues. The Public Safety Working Group is meeting regularly, both internally and with state’s attorneys, law enforcement, survivors, advocates, and others to discuss further refinements and improvements.”
Some groups supporting the end of cash bail have already condemned Bennett’s bill.
In a statement, the Coalition to End Money Bond claims the bill will “further mass incarceration.”
“If passed, this bill would cause the number of people jailed while awaiting trial to skyrocket and exacerbate racial disparities in Illinois’ jails. The changes being proposed are in complete opposition to the spirit of those calls for racial justice and criminal legal system reform. The Pretrial Fairness Act was designed to ensure that everyone has access to the presumption of innocence, and the changes included in SB4228 would deny all Illinoisans that right. If passed, these measures would create a pretrial system that is far worse than the one in place today.”
But, in a statement, Bennett said the bill is aimed at making the cash bail law more consistent.
“Senate Bill 4228 is an effort to improve consistency in the SAFE-T Act and allow law enforcement officials to continue to effectively perform their duties and protect our communities,” Bennett said.
