McHenry County State’s Attorney ‘disheartened’ by high court ruling upholding SAFE-T Act’s cashless bail

McHenry County State’s Attorney Patrick Kenneally on Tuesday said he was “disheartened and shocked” by the Illinois Supreme Court’s decision to uphold the new state law, known as the SAFE-T Act – a move that paves the way for an end to cash bail in the state starting in September.

The law initially was set to go into effect Jan. 1 of this year but its implementation was halted after a Kankakee County judge in December found that it violated the constitution’s provision that “all persons shall be bailable by sufficient sureties.” Now, the law abolishing cash bail is set to take effect in 60 days.

Kenneally said in a statement that the “entire process of sustaining this entirely irresponsible piece of legislation, from its enactment at 4. a.m. during an irregular legislative session after zero meaningful debate, through the 2022 election, and ending with this decision, is merely a sad reflection of the state of ideological capture in our three branches of government.”

While other states and municipalities have enacted changes to cash bail, notably New Jersey, Illinois is the first to abolish it. Instead, judges can decide that a defendant is a flight risk or poses too much of a threat to one person or the community to allow release. Or, that defendant can be released with conditions such as avoiding contact with a particular person or not visiting a certain place, according to the Bail Project.

Although his office will “accept the decision and move on ... the SAFE-T Act will make the job of prosecutors, judges and police more difficult,” Kenneally said. He added that his office will “continue to do everything within our power to ensure that dangerous offenders remain behind bars pretrial or that other measures, such as electronic monitoring, are put in place to minimize risk.”

“I argue that this is a stronger incentive. [Before the SAFE-T Act] if you are a dangerous psychopath who has access to money, you just pay more money and are released.”

—  Robert Deters, defense attorney

The new law, set to go into effect Sept. 18, compromises safety in communities throughout the state, Kenneally said adding that his office also will work with lawmakers to enact “common sense reforms.”

McHenry County Chief Judge Michael Chmiel said that adhering to the new law will be challenging and there still are some moving parts and meetings to be had.

But, he and his courthouse staff will uphold the law while respecting law enforcement and protecting the community and the alleged victim.

“We will follow the law,” Chmiel said, noting the irony of the date the law goes into effect being the day after Constitution Day. “We are in the judicial branch and we respect what the other two branches do. We will take what we are given and do our best with it.”

McHenry County Sheriff Robb Tadelman in a statement said his office had been made aware of the Illinois Supreme Court’s ruling and is reviewing it.

“We will continue to work with the State’s Attorney’s Office, Court Administration and the County Administration assuring the members of the law enforcement community are prepared for full implementation of the Act by September 18, 2023,” Tadelman wrote. “The McHenry County Sheriff’s Office remains committed to working on behalf of our communities to keep citizens safe.”

Nevertheless, Illinois Fraternal Order of Police State Lodge President Chris Southwood issued a statement calling Tuesday’s ruling “a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”

“Today’s ruling by the Supreme Court confirms Illinois’ status as the state of lawlessness and disorder,” Southwood said.

The Supreme Court “ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican, that the elimination of cash bail will put dangerous criminals back on the street, instead of keeping them in jail or forcing them to post cash bail as they await trial.

“Many of those offenders will commit crimes again within hours of their release. And who will have to arrest those offenders again and again? The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place,” Southwood said.

Contrary to the critics, proponents of the SAFE-T Act say the provisions of the law do not mean the jail doors will open up and dangerous criminals will be let out of the county jail.

It also does not mean that everyone who commits a crime moving forward automatically will be released before adjudication.

There are many crimes that are automatically detainable written into the the SAFE-T Act such as first-degree murder.

In cases where crimes are not automatically detainable, such as domestic violence, prosecutors must argue before a judge and prove that the person is a threat to an individual or the community. They also must show the individual is not likely to follow the rules of pretrial release.

If released, the defendant will be monitored and ordered to follow restrictions such as curfews, spot checks at home, and submit to drug and alcohol screenings. If they violate the rules of their pretrial release they could be remanded to the county jail until adjudication in their case, attorneys have said.

Assistant Public Defender Kim Messer said she thinks the law will result in “more people in the jail, not fewer.”

“If the court determines the state has met its burden, they will be held without bail,” Messer said. “I think that will happen more frequently than people anticipate.”

Private attorney Robert Deters said the reason the law was created was to address inequalities between those who can afford bond and those who cannot.

“I do not believe this change in the law will lead to an increase in dangerousness to the public,” Deters said.

He said there are many “dangerous people” who have access to money and can afford pretrial bond who are released only to commit more crimes. They are then brought before a judge and given additional bond, only to pay that, and are again out on the streets.

With the changes, defendants meeting certain criteria, considered a danger to an individual or the community, will be held and will not have the option of paying their way out of jail, Deters said.

“I argue that this is a stronger incentive,” he said. “[Before the SAFE-T Act] If you are a dangerous psychopath who has access to money, you just pay more money and are released.”

The Associated Press contributed to this story.