new law

Understanding The SAFE-T Act

Illinois residents now have a new criminal justice law to navigate. Governor J.B. Pritzker signed the SAFE-T Act in February 2021. The new law introduced several reforms to improve policing standards, criminal justice procedures, and pretrial detention practices across the state. The law hopes to address issues of equity and accountability within the criminal justice system.

Practice Areas Contact us

Liberty Law has years of experience practicing criminal law in Illinois and is well-versed in the new laws. It is crucial to understand the new laws because they may affect everything from arrests to the rights you have in pretrial detention. The SAFE-T Act stands for Safety, Accountability, Fairness, and Equity—Today. The new law covers several major areas:

  • Law enforcement reforms
  • Pretrial detention changes
  • Sentencing and prison reforms
  • Body camera and use-of-force policies

The law’s primary goal is to protect better the rights of individuals accused of crimes.

Provisions of the SAFE-T ACT

1. Elimination of Cash Bail

The new law eliminates the cash bail system. Cash bail allows people accused of crimes to be detained in jail before their trial if they cannot post bail, even for nonviolent offenses. Lower-income defendants often had to sit in jail, while wealthy defendants were able to secure their release.

The new system makes pretrial detention decisions based on risk rather than financial resources. Judges will now assess whether a person poses a risk to public safety or is likely to flee before trial without using cash bail as a condition of release. The goals are to reduce racial and socioeconomic disparities in pretrial detention and ensure public safety.

2. Police Accountability and Oversight

Another primary focus of the SAFE-T Act is increasing police accountability. This section of the law introduces several new policies designed to ensure that law enforcement officers respect the rights of all individuals.

Some key measures include:

  • Mandatory use of body cameras – All law enforcement agencies in Illinois must equip their officers with body cameras. 
  • Use-of-force restrictions –  The law has new restrictions on when and how police officers can use force. 
  • Duty to intervene – Officers have a legal duty to intervene if they witness a fellow officer using excessive force.
  • Anonymous complaints – The law allows anonymous complaints against police officers.

3. Changes to Sentencing and Prison Reforms

The SAFE-T Act also changes sentencing laws in Illinois. The act creates new limits on mandatory minimum sentences and reforms habitual offender laws. Judges have more discretion in sentencing. They are allowed to consider factors like the individual’s background, the nature of the offense, and mitigating circumstances.

The bill focuses on improving conditions within Illinois prisons and providing better opportunities for rehabilitation and education programs. The law also expands alternatives to incarceration for nonviolent offenses.

4. Criminal Justice Reforms

The SAFE-T Act requires that all detainees have the right to make three phone calls within three hours of being taken into custody. This requirement allows the defendant more ability to make emergency contacts.

The Illinois Law Enforcement Training and Standards Board expanded its powers to decertify officers who commit misconduct or engage in unethical behavior.

Next Steps

Illinois’s SAFE-T Act significantly overhauls the state’s criminal justice system. However, the system can still be incredibly complex for defendants to navigate. A skilled criminal defense lawyer at Liberty Law can help guide you through the criminal justice system.

If you or someone you know is facing criminal charges in Illinois, it’s important to understand how the new laws might affect your case. If you require personalized legal advice, please contact us or call (630) 449-4800. A skilled criminal defense attorney can assist you with your specific situation.