Lake County Gazette

January 1st is fast approaching and local governments are preparing for the implementation of the SAFE-T Act. Counties are looking to raise taxes to balance budget deficits due to unfunded mandates within the bill. State’s attorneys that have begun the meticulous process of reviewing cases of people being detained pretrial to determine who will be released on January 1st. 

All the while, state-level elected officials and candidates continue to battle over the right course of action moving forward. 100 out of the 102 Illinois state’s attorneys have opposed the SAFE-T Act for various reasons, all Republican candidates and incumbents have opposed the bill, and numerous Democrats have either opposed the bill or stated the wording needs to be changed. Adam Solano, a Republican candidate for State Senate in the 31st district, is one of those opposed to the law.

"Right after you're done celebrating the holidays, you’ll need to prepare yourself, your family and your business for the SAFE-T Act which starts January 1," Solano said in a statement. "Here’s what you need to know – 100 out of 102 States Attorneys agree that the language eliminating cash bail in the SAFE-T Act will unnecessarily release dangerous criminals back into our community; Cash bail and bonds are used to compensate our public legal system for the financial expense crime places on our county. It also ensures a lawbreaker will follow through and show up for court. In Lake County, eliminating cash bail will reduce county revenues and that cost will now fall directly onto Lake County taxpayers; A warrant will be issued for criminals that do not show up for their trial. We currently have ZERO warrant officers in Lake County; Lake County has approximately 45 fewer Sheriff Deputies and 65 fewer correctional officers since 2020 while our area struggles with increased crime; Over 60 of Illinois’ State's Attorneys have filed suit against the SAFE T Act on constitutional grounds; Volunteer Sheriff Deputies will no longer be allowed to wear a uniform or drive a police car while on duty. Voters need to show up and vote for candidates that will put their best interests first and repeal this dreadful law."

Solano is a Lake County native and has lived in Grayslake since 1996. He began his career in financial services in 1993 and later branded his practice under Lakeside Financial Group. He has continuously served in local professional groups, providing his knowledge to peers in the same profession and mentoring up-and-comers.

The SAFE-T Act is a controversial law passed by the Illinois State Legislature in January 2021 that deals with many aspects of criminal justice reform, including the banning of cash bail, prohibiting pre-trial detention for several crimes, and increasing training and equipment requirements for Police Departments. The bill passed the General Assembly unanimously and the Senate by a 32-23 vote. Governor J.B. Pritzker signed the bill a few days later.

The Illinois Criminal Justice Information Authority (ICJIA) website states that the SAFE-T Act enacts extensive reform impacting many areas of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing, and corrections.

The most controversial aspect of the SAFE-T Act is its elimination of cash bail in the state of Illinois. The bill noted it will be “presumed that a defendant is entitled to release on personal recognizance” and may be detained thereafter if they violate certain conditions listed in 725 ILCS 5/110-2.

Police 1 reported that among the major provisions of the SAFE-T Act is one that restricts the level of force officers may use while pursuing an offender or making an arrest if the officer reasonably believes the person can be apprehended at a later date. It will be illegal for law enforcement to shoot a taser at someone’s back, pelvis and head, which currently is a "recommended target" in all police officer training. 

Additionally, body cameras will be made mandatory for all law enforcement agencies by 2025, according to Police 1. Under the law, officers cannot make custodial arrests for Class B misdemeanors, which include criminal trespass and window-peekers. Instead of making an arrest, officers will be required to issue a citation and do not have the authority to remove a person from private or public property unless they are acting in a threatening manner.

Many localities are struggling to find the funding required to implement the SAFE-T Act. The Center Square reported the Kane County Board is discussing its first property tax hike in a decade, claiming they need it to fill a $3 million deficit created by unfunded mandated reforms in the SAFE-T Act.

Recently, State’s Attorney James Glasgow was asked about the SAFE-T Act in an interview with WGN10 Radio where he responded “the bottom line is the law [The SAFE-T Act] is unconstitutional.” Glasgow continued on to reference Article I Section 9 of the Illinois State Constitution, which states, “[a]ll persons shall be bailable by sufficient sureties,” except for capital offenses, death penalty, life in prison, or felonies with mandatory prison.