In Cook, Lake, DuPage, and Kane counties, the SAFE-T Act will apply come Jan. 1 unless a statewide injunction is issued.
Before the SAFE-T Act would go into effect, the process is simple: arrest, charge, see a judge. The judge sets bail, or no bail."The state's attorney is the one who has to file a petition before the judge," said former Cook County judge Daiel Locallo."The judge has no say."
If a defendant is to be deemed detainable, they would have to meet a list of standards. Prosecutors have to prove that a defendant poses a risk to the safety of a specific person or persons and/or has a high risk of fleeing before trial. "Forceful felonies is limited to certain offenses, murder, aggravated kidnapping, aggravated arson," Locallo said.Kankakee County Chief Judge Thomas Cunnington ruled some parts of the SAFE-T Act were unconstitutional. It keeps provisions like requiring all law enforcement to wear body-worn cameras by 2025. But it stops the new bail reform in its tracks, so long as you live in one of the 54 counties mentioned in the lawsuit.
"Witnesses have to be interviewed," he said."Police reports have to be written the day after someone gets arrested. There's a lot of data that hasn't been collected."
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