Rockford Sun

Winnebago County State’s Attorney J. Hanley is challenging the Safe-T Act’s constitutionality. 

Hanley announced on Thursday that he has "joined a bi-partisan group of Illinois State’s Attorneys and Sheriffs and filed suit on behalf of my office, Sheriff Caruana, and the People of the State of Illinois to challenge the constitutionality of the 'pretrial fairness' provisions of the 'SAFE-T Act' (Public Act 101-652)."

“Despite the filing of this litigation, I, along with many State's Attorneys throughout Illinois, remain committed to working with legislators to make needed changes to the law," Hanley wrote in a press release announcing the lawsuit. "These changes should include at a minimum, the elimination of the 'detention net' which would allow judges the discretion to detain an individual charged with any crime based upon their risk to the public and their potential interference with the administration of justice.” 

Hanley also noted that despite not being a proponent of returning to a cash bail system, he assured he "will remain a vocal critic of this current version of the law because of its shortcomings." But he continues to have high hopes and 'In the meantime will bring every tool to bear in defense of the Illinois Constitution, the rights of all involved in our criminal justice system, and fundamental public safety.” 

"We should demand better," he added. "Ultimately, I am advocating for a law that appropriately balances a defendant's presumption of innocence against the court's interest in the fair and orderly administration of justice and the community's safety. I remain hopeful we will get there.” 

Hanley said the “no cash bail” provision in the law is the most troubling aspect. “I cannot ignore that, as currently drafted, this law is unconstitutional. Further, it will create unjust results and does not protect the public. Accordingly, it is my duty as your State’s Attorney to fight it,” Hanley said in the release. Winnebago County Board also voted 13-6 on a measure asking the General Assembly to repeal the law, WQRF reported. 

Approximately half the jail's current occupancy in Winnebago County is anticipated to be released when the Safe-T Act goes into effect. In an editorial piece for the Rockford Register Star, Hanley wrote that “Approximately 400 criminal defendants will be released back into our community because our Illinois legislators passed the "SAFE-T Act' back in 2020," according to Rockford Sun. 

Lawsuits have also been filed by state's attorneys from Jo Daviess, Ogle, McHenry, Brown, DuPage, Kankakee, Will, Knox, Vermillion, Greene, Scott, Sangamon, Jersey, Moultrie, Douglas, and Effingham counties. They argue the "pretrial fairness" sections of the law are unconstitutional, Beloit Daily News reported.

The statute should be repealed or modified, according to 100 of the 102 state's attorneys, according to Madison-St. Clair Record. Eric Rinehart of Lake County and Kim Foxx of Cook County are the only two extreme outliers. Both received campaign funding from an aggressive campaign to install “activist” prosecutors who are more friendly to criminal interests.