Appellate & Post-Trial Litigation Blog

Tuesday, January 3, 2023

The SAFE-T Act, Stalled, For Now

The Safety, Accountability, Fairness and Equity-Today Act, commonly known as the SAFE-T Act, is an Illinois statute enacted in 2021 that reforms the criminal justice system. It represents a shift in the approach to policing, pretrial detention, bail, sentencing, and corrections. The law—a lightning rod in the debate over crime and punishment—was set to go into effect on January 1, 2023. One such provision of the statute would have eliminated cash bail across the state. But a Kankakee County judge found that portion of the law unconstitutional last week. After a filing in the Illinois Supreme Court, the Supreme Court ordered that the bond reform start date be put on hold “to maintain consistent pretrial procedures throughout Illinois” pending an appeal of the Kankakee judge’s decision by the Illinois Attorney General. Additionally, all other orders of the Kankakee court associated with the SAFE-T Act are held in abeyance until further order of the Supreme Court.

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