Illinois State Sen. Robert Peters filed an amendment to the controversial SAFE-T Act, which is set to eliminate cash bail in the state on Jan. 1, 2023.
The amendment focused largely on clarifying language on several fronts, including whether defendants detained prior to Jan. 1 will be released once the legislation goes into effect, and making more clear which crimes would qualify for pretrial detention.
Here is the full text of the bill:
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The changes to the SAFE-T Act include:
-Expanding definitions for "willful flight," and expanding judicial discretion in determining whether a defendant poses a danger to the public or a specific individual.
-The language of the bill was also tweaked regarding those already in pretrial detention prior to the elimination of cash bail. Those defendants will be eligible to be entered into the new system, but would have to go through hearings first.
Those defendants considered to be "flight risks" would require a hearing within 60 days, and those considered "dangerous" would require hearings within 90 days, giving attorneys time to put together arguments.
-For trespassing violations, officers would be required to issue a citation to a suspect first, unless the officer reasonably believes that the suspect poses a threat, or if they have an obvious mental or medical health issue. If an officer issues a citation and the trespassing continues, then an arrest can be made.
The bill could potentially be put up for a vote before the end of the lame duck session, but it is unclear when that would take place.
