Grundy County Sheriff Ken Briley and state Sen. Sue Rezin, R-Morris, are seeking reforms to the SAFE-T Act after police arrested two suspects during a traffic stop the afternoon of Thursday, Oct. 24, after finding 3 kilograms of fentanyl.
The Grundy County Sheriff’s Office charged the suspects, Christian Erazo-Velazquez and Roybin Barahona, with delivery of a controlled substance, aggravated fleeing or eluding an officer traveling 21 miles or more above the speed limit, and resisting or obstructing an officer, according to a police report obtained via a Freedom of Information Act request by The Morris Herald-News.
According to a Wednesday news release, the SAFE-T Act required officials to hold a pretrial release hearing within 48 hours of the arrest.
“Before the hearing, Grundy County officials confirmed that both suspects were Honduran nationals, with one having an immigration detainer warrant from the U.S. Department of Homeland Security,” according to the release. “At the hearing, the local state’s attorney (Russ Baker) requested detention for both suspects due to the severity of the charges.”
The court granted one detention request based on the outstanding warrant and criminal history, and the other suspect was released because he had no criminal history available within the 48-hour hearing window.
California authorities informed Grundy County that the released suspect, an 18-year-old, had a juvenile record that would have led to his detention, according to the sheriff’s office.
Briley and Rezin are calling for reforms to the SAFE-T Act that would alter the 48-hour pretrial release hearing requirement. Rezin said she is exploring legislation that would make the possession of fentanyl a Class X felony that would be detainable, putting the burden of the pretrial release on the defendant instead of the state’s attorney’s office and a judge.
“According to the [Drug Enforcement Agency], the amount of fentanyl seized in this arrest is enough to kill 1.5 million people,” Rezin said. “This terrifying statistic underscores the real dangers that our communities face from this trafficked poison. The pretrial release of this suspect highlights the critical gaps that remain in the SAFE-T Act that must be addressed to ensure our local law enforcement and judicial system have all of the tools they need to protect the public.”
Briley said the incident shows the urgent need to give law enforcement and state’s attorneys more time to gather relevant information before deciding on pretrial releases.
“The current requirements under the SAFE-T Act limit our ability to fully assess a suspect’s background, which opens the door for the release of potentially dangerous individuals,” Briley said. “Allowing more time would ensure that we have the evidence needed to make informed and responsible decisions that protect our communities.”