Pritzker signs SAFE-T Act
Amendment
Trailer bill clarifies, strengthens
original bill as transition to cashless bail approaches
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[December 07, 2022]
Governor Pritzker today signed HB1095, a series of
amendments and clarifications to the landmark SAFE-T Act, originally
passed in 2021. The bill addresses misinformation related to the
Act, including clarifying the detention net, expanding processes for
transitioning to cashless bail on January 1st, and specifying
definitions of willful flight and dangerousness, among other
changes.
“I’m pleased that the General Assembly has passed clarifications
that uphold the principle we fought to protect: to bring an end to a
system where wealthy violent offenders can buy their way out of
jail, while less fortunate nonviolent offenders wait in jail for
trial,” said Governor JB Pritzker. “Advocates and lawmakers came
together and put in hours of work to strengthen and clarify this
law, uphold our commitment to equity, and keep people safe.”
The bill clarifies multiple aspects of the SAFE-T Act, which ends
the cash bail system in Illinois effective January 1st, 2023 and
creates a more equitable system where pre-trial detention is based
on community risk rather than financial means. The clarifications to
the SAFE-T Act are the result of the work of a bi-cameral
legislative group who collaborated with advocates, public defenders,
state’s attorneys, victim advocates, and law enforcement officials.
Changes to the Act clarify court authority in controlling electronic
monitoring and escape, outline specific guidelines for trespassing
violations, and create a grant program to aid public defenders with
increased caseloads. The amendments strengthen and clarify the main
principle of the SAFE-T Act- to ensure that individuals who pose a
risk to the community aren’t released from jail just because they
are able to pay bail while people without financial means sit in
jail regardless of whether they pose a risk at all.
“The SAFE-T Act, including these important clarifications, will help
right the wrongs of policies that have disproportionately harmed
low-income, marginalized communities while helping to keep
Illinoisans safe," said Lt. Governor Juliana Stratton. "I commend
members of the General Assembly for coming together to make these
changes and provide us a clear path to ensure both accountability
and justice. We must stop criminalizing poverty, and that is our
goal as we end cash bail in Illinois and uphold human rights for all
in our legal system."
“We understand that public safety is not a static issue,” said
Deputy Majority Leader Jehan Gordon-Booth (D-Peoria). “This
legislation strengthens the underlying SAFE-T Act with valuable
feedback from survivors, law enforcement, prosecutors and other
public safety advocates. If we want to make our communities safer,
we have to work together. This update is a step in the right
direction.”
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“It’s vital the pretrial system in Illinois remains equitable and
that all individuals are treated fairly, regardless of financial
status,” said State Senator Scott Bennett (D-Champaign). “After
collaboration between a diverse group, we were able to create a
measure that ensures public safety and maintains the intent of the
Pretrial Fairness Act. I am proud of everyone’s collaborative effort
and their commitment to make Illinois safe.”
“The SAFE-T Act was the result of hours of testimony and
negotiations with domestic violence advocates, proponents of reform,
law enforcement and states attorneys at the table working to create
a pathway to a better and more equitable criminal legal system,”
said State Senator Elgie R. Sims, Jr. (D-Chicago). “However, due to
the misinformation campaign led by opponents of the measure, we
spent countless hours dispelling falsehoods and working to ensure
that the law was not taken out of context. I thank the governor and
my colleagues in both chambers for prioritizing a measure that
clarifies the language of this transformational law while preserving
the protections for crime survivors and ensures we stop
criminalizing poverty in this state.”
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“To say that I’m proud of all the
work and advocacy that went into the passage of this act would
be an understatement,” said State Senator Robert Peters
(D-Chicago). “My colleagues and I, with input from the Coalition
to End Money Bond, the States Attorneys Association, the
Sheriff’s Association and survivor advocates, were able to
create something that will change lives and reform the criminal
justice system for the better. This is our generation carrying
the torch for civil and human rights, and Illinois will only
become safer and more equitable because of it.”
“This legislation builds on the foundation we set in the SAFE-T
Act by making certain that provisions are clearer, more
effective, and less difficult to implement,” Representative
Eva-Dina Delgado (D-Chicago) said. “Institutional barriers
within the criminal justice system have disproportionately
affect people in the communities that I represent and this
legislation addresses that disparity. I am so proud of the work
that my colleagues, stakeholders and I did to engage and
collaborate to bring forth this bill.”
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“This measure is part of a continued effort to address
misconceptions and sincere concerns brought forward by law
enforcement, survivors and advocates,” said Rep. Dave Vella
(D-Rockford). “It’s a reminder of the need to work together, and
of our shared mission to make every community safer for families
across our state.”
"This is the result of hundreds of hours and a collaboration of
all stakeholders to clarify and strengthen the language from the
previous legislation. It's been an honor to serve my
constituents as part of the Public Safety Working Group and
create common sense policy solutions that will improve the
safety of our communities and the integrity of our justice
system," said Assistant Majority Leader Natalie Manley
(D-Joliet). "This is a tremendous step toward a safer, fairer
Illinois for all."
“By strengthening the SAFE-T Act, we are continuing the vital
work of keeping Illinoisans safe,” said Rep. Kam Buckner
(D-Chicago). “Maintaining a robust justice system will always be
an ongoing task, one that we prioritize. Hundreds of hours of
consultation with stakeholders from across the ideological
spectrum went into producing this bill, which maintains the
historic reforms of the SAFE-T Act while ensuring a successful
implementation of new policy.”
“The SAFE-T Act was carefully crafted to promote a more
equitable criminal justice system while simultaneously keeping
our communities safe across Illinois. This legislation takes
steps to ensure the SAFE-T reforms are carried out
successfully,” said Rep. Jennifer Gong-Gershowitz (D-Glenview).
“Our goal was to reinforce the principles we were proud to pass
with the SAFE-T Act, which replaces a wealth-based pretrial
detention system with one based on a person's threat to the
community. This legislation protects those goals.”
"When we passed the original SAFE-T Act, we did so with the
understanding that more work would need to be done to implement
these historic reforms. This legislation keeps that promise,"
said Rep. Justin Slaughter (D-Chicago). "This legislation
clarifies and strengthens the law, reflecting the input and
agreement of law enforcement, survivor advocates, and reformers.
The work of building a fairer justice system continues, and I am
grateful for the partnership of my colleagues in the House
Public Safety Working Group, our Senate colleagues, and Governor
Pritzker.”
[Office of the Governor JB Pritzker]
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