DeKalb joins a growing list of counties seeking to block SAFE-T Act by filing a lawsuit

SYCAMORE – DeKalb County has followed other prosecutors across the state in filing a lawsuit seeking to block part of Illinois’ SAFE-T Act that would eliminate cash bail for certain defendants awaiting trial.

DeKalb County State’s Attorney Rick Amato and Sheriff Andy Sullivan filed a lawsuit this week against Gov. JB Pritzker and Attorney General Kwame Raoul over the legislation that became law last year, according to court records. They argue that the Safety, Accountability, Fairness and Equity-Today Act, known as the SAFE-T Act, is unconstitutional, and it would be “chaotic” for residents if it takes effect as scheduled Jan. 1.

The cash bail changes included in the Pretrial Fairness Act are part of the SAFE-T Act Illinois lawmakers passed in July 2021. But the elimination of cash bonds doesn’t take effect until the new year.

Nevertheless, debate over the measure has resurfaced in recent months as the law has become a partisan flashpoint in campaigns leading up to the November elections. Crime and safety have been issues in many political campaigns, and Republicans have used the law in an attempt to portray their Democratic opponents as soft on crime.

Still, opposition to the SAFE-T Act has included both Democratic and Republican police and prosecutors who argue the law was passed without proper vetting. They also argue that it will allow people accused of violent crimes to be released, causing a danger to the community.

Proponents have said the legislation would help prevent wealth from being a factor in whether someone charged with a violent crime must stay in jail while awaiting trial. They also maintain it will help reduce the number of people held in jail awaiting a potential verdict by limiting the criteria a judge can use to order incarceration.

Amato, a Republican, told the Daily Chronicle on Friday that he’s concerned the law will disproportionately release violent offenders back into the community as they await criminal proceedings, endangering potential victims and area residents. Amato said he expects more than 50 similar lawsuits to be filed throughout the state.

“There isn’t a person I’ve talked to in our legal community or law enforcement team that is against there being some form of cashless bond,” Amato said. “That unequivocally seems to be the consensus of everyone, but it’s how it’s applied. It’s not so much bond money is given, it’s what assurances are given to the safety of our victims as well as our community. That’s the biggest issue.”

In a Friday news release announcing the filing Wednesday, Amato said the legislation’s changes could leave the county’s victims and community “completely vulnerable.”

Sullivan said his goal also is to keep communities safe, according to the release. Also a Republican, Sullivan argued the legislation leaves questions unanswered and limits law enforcement’s ability to protect those it serves.

“I have no plans to open our jailhouse doors to flood our streets with people facing serious criminal charges that have already been reviewed by the courts and have had lawful bonds set,” Sullivan said in a news release. “I believe in our court system to get this right.”

The lawsuit, which names Raoul, Pritzker, Illinois House Speaker Chris Welch and Senate President Don Harmon, is expected to be consolidated with other lawsuits that have been filed so far. The filings are expected to then be heard in a single county in one action, Amato said. Similar filings were made in McHenry, La Salle, Kankakee and Will counties over the past month.

Amato and Sullivan’s lawsuit also argues that the SAFE-T Act intrudes upon the courts, allowing legislators to dictate how a judge can respond to criminal charges and violating the state’s “separation of powers,” namely the judiciary and the legislative branches of government.

“We cannot wait any longer for those that have caused these issues to fix it,” Amato said. “It is important to me that we join with the other counties throughout the state to make sure any changes in the criminal justice system are carefully considered and constitutionally sound.”