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Originally Posted by bnk
Who is for the SAFE-T Act? And if so how it will improve overall crime levels and citizen safety and Chicago's image to help retain and bring in outsiders to relocate.
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I'm not going to say which side i'm on, but if you want to bring this up here then go on what's in the actual bill and not some misinformed info pics or video clips from a suburban mayor or downstate police chief who clearly didn't read the bill.
There is no such thing as a "non-detainable" felony contrary to what this info pic being shared around says. The bill literally talks about the opposite and any of those crimes can result in someone being detained through their trial (i.e. "no bail" today). Anybody who is deemed to be a danger to the community, or a person, or is a big enough flight risk can be held through their trial per this bill for a whole slew of crimes. In fact, a bunch of crimes were added to the list where you could be detained pretrial that weren't even there before - a lot to do with discharge of firearms. This is the same as today in that an SA, with enough evidence, can ask a judge to hold someone "no bail." Let's look at the actual bill okay?
https://www.ilga.gov/legislation/ful...Sess=&Session=
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(725 ILCS 5/110-2)
(c) Detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight.
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This is the same idea as "no bail" today - an SA has to ask a judge to hold someone no bail because they pose a threat to the public and/or they are a big flight risk to skip out on their trial and potential justice. This still exists in SAFE-T.
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(725 ILCS 5/110-4)
Sec. 110-4. Pretrial release
(a) All persons charged with an offense shall be eligible for pretrial release before conviction. Pretrial release may only be denied when a person is charged with an offense listed in Section 110-6.1 or when the defendant has a high likelihood of willful flight, and after the court has held a hearing under Section 110-6.1.
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https://ilga.gov/legislation/101/HB/...3653sam002.htm
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(725 ILCS 5/110-6.1)
Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if:
(1) the defendant who is charged with a forcible felony offense for which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction, and it is alleged that the defendant’s pretrial release poses a specific, real and present threat to any person or the community.
(2) the defendant is charged with stalking or aggravated stalking and it is alleged that the defendant's pre-trial release poses a real and present threat to the physical safety of a victim of the alleged offense, and denial of release is necessary to prevent fulfillment of the threat upon which the charge is based;
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(4) the defendant is charged with domestic battery or aggravated domestic battery under Section 12-3.2 or 12-3.3 of the Criminal Code of 2012 and it is alleged that the defendant's pretrial release poses a real and present threat to the physical safety of any person or persons;
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(6) the defendant is charged with any of these violations under the Criminal Code of 2012 and it is alleged that the defendant's pretrial releases poses a real and present threat to the physical safety of any specifically identifiable person or persons:
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Numbers 2, 4, and 6 are new. I didn't list out point 6 in entirety but it lists aggravated discharge of a firearm, unlawful sale/delivery of firearms, unlawful purchase of a firearm, etc. Now people who are charged with stalking or domestic battery can be held thru their trial whereas before they couldn't be. And discharge of a firearm too. NONE of that was "detainable" previously and now will be. They actually expanded the scope of what can be asked for to hold someone thru their trial to include even unlawful discharge of a firearm. And what does Illinois say is a "forcible felony?"
https://www.ilga.gov/legislation/ilc...=072000050K2-8
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Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.
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Literally these images that are being shared on the above crimes are the exact opposite of what the bill says. The bill says that anyone who commits a forcible felony can be denied pretrial release by a judge if the person "poses a specific, real and present threat to any person or the community"
People need to read the damn bill instead of thinking what they're being fed in the media is actually correct on this. The whole bill is meant to clear up jails for people on lower level offenses and focus on keeping those charged with violent crimes with good enough evidence detained through their trials. And the scope expands to even be able to ask to detain people who are charged with unlawful discharge of a firearm, something that's not even covered today by this. This is doing the opposite of what a lot of people even realize for the violent crime aspect. Again, people need to read the damn bill instead of listening to some video clips or some BS image shared on social media.
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