SAFE-T Act: How Rockford-area lawmakers voted on the controversial legislation

ROCKFORD — Every year, new state laws go into effective Jan. 1, but few are as controversial as the one that will do away with cash bail come January 2023.

The Pre-Trial Fairness Act, which eliminates the bail policy, is a provision in the comprehensive Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, a criminal justice reform bill passed during the January 2021 lame duck session and signed a month later into law by Gov. J.B. Pritzker.

The law, among other things, requires all Illinois law enforcement officers to wear body cameras by 2025, creates a standardized use-of-force training for all officers, ends the requirement for citizens to sign sworn affidavits when filing complaints against officers, and requires officers to intervene whenever an officer sees another using excessive or unauthorized force.

But the portion of the law that is garnering the most publicity and scrutiny is the Pretrial Fairness Act and the elimination of cash bail, which moves Illinois away from the existing wealth-based system of pretrial detention and toward a system more based on an offender’s risk of reoffending, fleeing or threat to public safety.

Most Rockford area lawmakers voted against the bill, but not all. One helped craft the new legislation, and most anticipate changes will be made to the law before Jan. 1. Here's what they had to say about the SAFE-T Act.

More:The end of cash bail and more: What's in Illinois' SAFE-T Act?

State Rep. Joe Sosnowski, R-Rockford

"I think there's just a lot of concern on how this can be carried out," Sosnowski said about his no vote. "I'm not necessarily adverse to eliminating cash bail, but, you know, this idea of simply releasing half of our jail population, despite some of them having very serious charges is very concerning to the public."

State Rep. Dave Syverson, R-Cherry Valley

"This whole idea about fairness in bonding, and the governor saying, 'Only the wealthy can get bonded out and the low-income can't,'" Syverson said in regard to his no vote. "You know, that's just totally not true. Judges already have this discretion, and it's called recognizance. So, this was more about taking away discretion from judges with this bill."

State Rep. Andrew Chesney, R-Freeport

Chesney hopes that state lawmakers work with him in the fall to repeal what has passed. He said the act creates "non-detainable" offenses such as aggravated battery, DUI, fleeing, arson, burglary and second-degree murder.

"People are deeply concerned about this act and how its rollout will apply to their safety," he said.

More:FACT CHECK: Separating the truth from fiction in the debate over Illinois' SAFE-T Act

State Rep. Maurice West II, D-Rockford

West helped craft the legislation. He said misinformation is purposely being spread about the act as a "political ploy" to drum up fear and voter support as the the Nov. 8 election nears.

Under the new law, West said, prosecutors can petition the court to have people charged with murder and other violent crimes to be jailed pretrial without the option of posting bail to be release if the state can prove that the defendant is a flight risk or “poses a specific, real, and present threat to any person or the community.”

West also said there are taskforces at work to further clarify language in the act and that the State's Attorneys' Association, Illinois Sheriffs Association, Fraternal Order of Police and other stakeholders have seats at the table.

"So, for them to demonize it now and spark fear into voters ... It's very disheartening."

State Sen. Steve Stadelman, D-Loves Park

Stadelman did not vote for or against the legislation.

"It was my way of saying changes were needed," he said. "It's always been a work in progress and continues to be a work in progress."

Stadelman declined to say what specific concerns he had with the bill but suggested that not all stakeholders have had adequate input.

"I just think the best legislation is when people can get a sense that they've been at the table working through compromises, and since a year and a half ago, that hasn't quite been achieved yet."

Phone calls to State Sen. Brian Stewart, R-Freeport, were not returned, and State Rep. Dave Vella, D-Rockford, declined to comment.

Chris Green: 815-987-1241; cgreen@rrstar.com; @chrisfgreen

This article originally appeared on Rockford Register Star: SAFE-T Act Illinois Rockford Freeport lawmakers cash bail