Of the 102 prosecutors in the state of Illinois, 100 oppose the new cash bail elimination provisions, which will go into effect next year. The measures will affect several crimes, including second-degree murder. Governor J.B. Pritzker signed the bill into law in January 2021, but provisions such as abolishing cash bail, or not allowing trespassers to be removed from properties by police, will be effected on January 1, 2023.
The provision means that judges will no longer be able to set bail for those subject to trial, and the accused will be able walk free until the start of the trial. Upon removal of cash bail, the authorities will assess, based on the evidence presented, whether the detainee poses any threat to the community upon release. The rule requires the accused to appear in court when summoned, notwithstanding the absence of a bail bond.
Orland Park Mayor Keith Pekau (R) told the television program Just the News, Not Noise on Thursday that cashless bail is not the only problem with the law:
It is the fact that trespassers cannot be removed from a property by the police. They cannot lay a hand on someone. So how are you going to get someone who lives in your shed or in your pool or camped out at your business to actually leave? And it's going to lead to people taking the law into their own hands. I don't think any of us think it's a very good idea.
Will County State's Attorney, Jim Glasgow, is pushing for the repeal of the SAFE-T Act. He said of the measure last month to Just The News: "It will destroy the state of Illinois. I have 640 people in the Will County Jail. All their bonds will be extinguished on January 1, and 60 are charged with murder."
Will all defendants be released?
Governor J.B. Pritzker's office argues that the bill does not necessitate the immediate release of those charged with specific felonies and misdemeanors. Courts will have the option to release the accused if they determine that he or she does not pose a threat to the community or another person.
SAFE-T advocates argue that the cash collateral system disproportionately affects low-income and minority groups, as accused persons without money for bail must remain in jail in most cases. However, this measure could also present a risk to society, according to critics.
