SPRINGFIELD (WSIL) -- Tuesday, Governor JB Pritzker signed HB 1095, the trailer bill to the Safe-T Act.
The Safe-T act came under major scrutiny for ending cash bail, among other criminal justice changes.
The trailer bill aimed to clarify what a prosecutor needs to prove to a judge that a defendant is a danger to others and should be detained. In addition, it allows judges to consider past instances of failing to appear in court when determining pretrial detention and establishes a grant program to help the state's public defenders handle an expected caseload increase.
The 300 page amendment also added more crimes to a list that could disqualify defendants in court from being released while awaiting trial.
The law is set to take effect Jan. 1, 2023, but a a lawsuit challenging the measure’s implementation will now be heard Dec. 20, just 11 days before the new year.
“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 three major changes in the trailer bill includes:
- Implementation Time: To address fears of overwhelming courts and large shifts of prison population, the trailer bill gives courts 90 days after the first of the year to reevaluate everyone who should be jailed and people who should be released pretrial.
- Dangerousness Standard Language: Opponents of the Pretrial Fairness Act raised concerns over the standard of pertinent danger when it came to whether someone would be released pretrial. When a case comes to the court, two factors determine the amount of bond set: the chance of a person running away, and if they pose a threat to the community. In the original language of the Pretrial Fairness Act, some believed that the wording would force prosecutors to prove that a person causes a threat to a specific, named person to jail them before their trial. The trailer bill clarifies the language to say 'person/persons/or the community' to widen the scope.
- What Crimes Demand Pretrial Jailing: Opponents of the Pretrial Fairness Act had issues with what crimes might not require people to be held in jail before pretrial release with the most commonly used being second-degree murder. Vella says the trailer bill responds to this by adding language which requires a person to be held in jail before their trial if they're charged with a crime that wouldn't allow probation if the person was convicted.
Other coverage of the Safe-T Act:
- Hearing on challenge to ending cash bail in Illinois delayed after amendments
- Local lawmakers react to passage of Illinois Safe-T Act trailer bill
- Illinois lawmakers OK crime bill cleanup, sends to Governor
- 300 page amendment to Safe-T Act filed Wednesday
- Breaking down the major changes proposed in the SAFE-T Act trailer bill
- Safe-T Act talks at IL fall veto session to restart after Thanksgiving