Weigh in with a Letter to the Editor here

CHAMPAIGN — State Sen. Scott Bennett, D-Champaign, has filed a bill that would tweak the language in Illinois SAFE-T Act, the sweeping criminal justice legislation that will end cash bail statewide in January.

Bennett, a former prosecutor, said his proposed changes seek to clarify the original bill after hearing misconceptions from law enforcement officials and workers in the criminal justice system.

The axiom he followed in his bill, Bennett told The News-Gazette on Tuesday: “Could you misinterpret the bill so badly that a judge might unfairly keep someone in custody or release someone that’s a danger by following the wording right now?”

Bennett’s Senate Bill 4228 proposes a rewording of the act’s definition of “willful flight,” stating that past non-appearance in court is “conclusive evidence of future intent to evade prosecution.”

In its current form, the act states: “Simple past non-appearance in court is not evidence of future intent to evade prosecution.”

“I think judges should be able to take into account whether you’ve missed court in the past, but it by itself is not the only factor they should consider,” Bennett said. “I think this trailer bill helps thread that needle and show that judges can consider that, but a good defense lawyer should be pointing out all the things that show their defendant is not a flight risk.”

Another suggestion: remove the requirement for pretrial detention that the defendant’s release pose a “specific, real and present threat to a person,” or if he or she has a high risk of willful flight.

Bennett’s bill broadens the conditions that would allow the court to deny pretrial release:

• The charge could mean life imprisonment for the defendant.
• There’s a “serious risk” the defendant, when released, would pose “a danger to any other person or the community,” or will not appear in court as required.
• If there’s a serious risk the defendant will obstruct or attempt to obstruct justice, or threaten/injure/intimidate jurors or witnesses.

His bill also clarifies that cash bail would end for those arrested on or after Jan. 1, 2023.

“I would much prefer someone awaiting trial to be living in the community, working with their family, doing what they need to do to change what might be criminal behavior, because they haven’t been proven guilty of anything,” Bennett said. “But there are individuals who are dangers to their neighborhood and community, possibly to individuals who might be willing to testify against them, and I think we need to give judges and the court system the power to make an objective decision on that.

“And if they’re found to be a danger, then they should be detained until their day in court.”

Bennett’s legislation will be brought forth during the fall veto session, which begins Nov. 15, a week after the general election.

The state senator says he’s “alarmed” about the misinformation he’s seen spread about the SAFE-T Act since it passed in January 2021, including viral claims that the legislation will create a crime environment similar to the horror film “The Purge.”

“This statute has been very controversial, and maybe rightly so, because it’s a big change. But it’s also an election year, and a great way to win elections is to scare people to death about the other political party, and say if they stay in power, you’re in danger and your family’s in danger,” Bennett said. “I feel like that’s being ratcheted up on both sides right now.”

On Jan. 1, Illinois will become the first state to eliminate cash bail entirely. That part isn’t going back on the table, Bennett said.

“We have to look at this bill like we would any other major bill, bring stakeholders to the table and make it better,” Bennett said. “I recognize this is a bill that’s going to need to be negotiated, it’s going to need to be discussed with our colleagues.”