The “most dangerous law” that has recently gone into effect in the United States is the Safety, Accountability, Fairness, and Equity-Today Act, commonly known as the SAFE-T Act, in Illinois. This state statute, enacted in 2021, introduces significant reforms to the criminal justice system in Illinois, affecting policing, pretrial detention and bail, sentencing, and corrections.
Key Provisions of the SAFE-T Act
- Elimination of Cash Bail: One of the most notable changes under the SAFE-T Act is the abolition of cash bail, replaced by a new process for pretrial release. This reform, effective from September 18, 2023, shifts the focus from financial capacity to risk assessment. Judges can deny pretrial release if the defendant poses a specific, real, and present threat or a high likelihood of willful flight.
- Policing Reforms: The Act introduces several reforms in policing practices:
- Expansion of training for police officers.
- Reforms to use-of-force policies, including limits on deadly force and a ban on chokeholds.
- Prohibition on purchasing certain types of military equipment for police use.
- Requirement for all law enforcement agencies to use body cameras by 2025.
- New processes for decertification of law enforcement officers due to misconduct.
- Increased support for “co-responder” models involving mental health professionals.
- Prison and Sentencing Reforms: The Act also reforms prisoner rights and sentencing policies:
- Increased support for pregnant prisoners.
- More sentence credits for participation in work release or educational programs.
- Certain drug offenses treated as misdemeanors for qualifying for diversion or probation programs.
- Reduction in time required on parole for certain offenses.
- Narrowing the scope of the felony murder rule.
- Ending prison gerrymandering in Illinois.
- Crime Victims Compensation: Amendments to the Crime Victims Compensation Act were made to expand the definition of victims and simplify the process for victims applying for cash compensation.
Context and Opposition
The SAFE-T Act has been a subject of controversy and political debate. Critics of the Act argue that it undermines accountability and may potentially increase crime by putting constraints on law enforcement and giving undue freedom to criminals. The Act’s passage, especially the abolishment of cash bail, was contested and faced legal challenges but was ultimately upheld.
In summary,
the SAFE-T Act represents a significant shift in Illinois’s approach to criminal justice, aiming to make the system more equitable and less dependent on financial capacity. While it has been hailed as a progressive step by advocates, it also faces criticism and concerns regarding its potential impact on public safety and law enforcement effectiveness.