SAFE-T Act in the news again
Tuesday, Apr 9, 2024 - Posted by Rich Miller
* From the Illinois Sheriffs’ Association…
DRIVER INVOLVED IN DEATH OF DEKALB COUNTY SHERIFF’S OFFICE DEPUTY RELEASED FROM JAIL WITH PRETRIAL RELEASE CONDITIONS.
Nathan P. Sweeney of DeKalb, IL who was arrested last week for Reckless Homicide and DUI in connection with the Line of Duty Death of DeKalb County Sheriff’s Office (DCSO) Deputy Christina Musil was released from custody this afternoon after the Court set pretrial release conditions.
Obviously, we are very disappointed that Sweeney was released despite the Dekalb County States’ Attorney request to detain. This evaluation was made under the Pretrial Fairness Act, which went into effect 9/18/23, that was a part of the SAFE T Act passed in January 2021.
The Illinois Network for Pretrial Justice responds…
The Illinois Network for Pretrial Justice is disappointed but unsurprised to see the Illinois Sheriffs’ Association weaponize the death of DeKalb County Sheriff’s Deputy Christina Musil to make arguments for rolling back reforms to our state’s criminal court system.
In the wake of Deputy Musil’s death, the Illinois Sheriffs’ Association falsely claimed that the Pretrial Fairness Act was responsible for the release of Nathan Sweeney, the truck driver accused of crashing into Deputy Musil’s vehicle and killing her. This is an opportunistic lie meant to confuse the public and further the Sheriffs’ Association’s goal of returning to the money bail system that failed to keep our communities safe and destabilized our state’s most marginalized communities through the extraction of millions of dollars each year.
It is also important to note that under the former money bond system, reckless homicide was a non-detainable offense. Had this happened prior to the implementation of the Pretrial Fairness Act, the State’s Attorney could not have filed a petition to detain and the judge would have only been able to set a money bond or other conditions of release. Aggravated DUI resulting in death was also unlikely to result in an actual denial of pretrial release under the old system; instead, money bonds were the standard outcome.
The Sheriffs’ Association, for reasons we do not understand, opposes a system of pretrial release and detention that is based on safety instead of financial status. Instead, they are using their colleague’s tragic death as a platform to spread misinformation and continue their misguided attempts to undermine successful reforms. We condemn this behavior, and our hearts break for the loved ones of Christina Musil.
* Speaking of cash bail, let’s move along to the the House GOP blog…
Six months after the full implementation of the cashless bail, and other provisions, of the Illinois SAFE-T Act, Illinois residents are finding themselves anything but safe.
From their top three examples…
Illinois SAFE-T Act diminishes public safety:
Um, that third guy was released after posting cash bail. So, are they saying that the cash bail system was flawed and allowed alleged criminals to waltz out of jail if they had the money?
Also, according to the ABC 7 news report, the perp was charged with several counts of aggravated unlawful use of a weapon. Just one count is now considered a detainable offense under the SAFE-T Act.
As for the rest of the examples, I’m pretty darned positive I could match up each of those instances of people not being detained with instances of bad people who cash-bailed out of incarceration.
- JB13 - Tuesday, Apr 9, 24 @ 10:56 am:
Yes, the system is so much better when a drunk driver who killed a cop can simply walk out of jail, for free.
- Rich Miller - Tuesday, Apr 9, 24 @ 11:02 am:
=== simply walk out of jail===
That’s just not true. Look at what the sheriffs said: “Pretrial release conditions”
- vern - Tuesday, Apr 9, 24 @ 11:04 am:
I’d like to see ISA or the House Republicans attach dollar values to the examples they raise. For each crime, how rich should the defendant have to be to get out of jail? Time for supporters of cash bail to put their money where their mouth is, so to speak.
- I Love Decatur - Tuesday, Apr 9, 24 @ 11:12 am:
The term “weaponize” is interesting. I for one am happy that the Sheriff’s Association publicized this release. It is important for the public to see how the system works. Otherwise this most likely would not be statewide news.
- Donnie Elgin - Tuesday, Apr 9, 24 @ 11:12 am:
Under the previous law, The bond in such a high-profile case would have been substantial - probably well over 500,000 - so he would need 50K plus to walk. Here is a similar case from a few years ago …
A Springfield man is in custody on several counts including reckless homicide involving a crash Mar. 13 that left one man dead.Devin W. Hogan, 26, is being held in Sangamon County Jail on $250,000 bond.
David Sirtout, 37, was killed in the accident on South Grand Avenue, just west of Fifth Street.
https://www.sj-r.com/story/news/2021/03/21/devin-hogan-faces-reckless-homicide-charges-saturday-crash/4787333001/
- old man poodle owner - Tuesday, Apr 9, 24 @ 11:14 am:
Quit watch Mannix or the Rockford Files Rich. NO ONE in law enforcement says…….”perp”
In the mean time…………. fire a gun into crowd of people is that Reckless Homicide or its it murder……………. get behind the wheel of a 800000 lb truck and plow into a car? Thats not murder?
- Homebody - Tuesday, Apr 9, 24 @ 11:27 am:
The pro-cash bail arguments have always been nonsensical. Cash bail doesn’t keep dangerous people in jail. It keeps poor people in jail.
If someone is dangerous, them having money shouldn’t matter. If someone is not dangerous, them not having money shouldn’t matter.
- ArchPundit - Tuesday, Apr 9, 24 @ 11:36 am:
===The term “weaponize” is interesting. I for one am happy that the Sheriff’s Association publicized this release. It is important for the public to see how the system works. Otherwise this most likely would not be statewide news.
Would he have been denied bail under the old system? What’s the effective difference in posting bail and having conditions and having conditions without posting bail?
- Jocko - Tuesday, Apr 9, 24 @ 11:41 am:
==despite the Dekalb County States’ Attorney request to detain.==
Is this the prosecutorial equivalent of “Pretty please?” for a non-detainable offense?
- Demoralized - Tuesday, Apr 9, 24 @ 11:49 am:
== It is important for the public to see how the system works==
Not if they are being untruthful. That just provides misinformation to the public and misinformation is something we have entirely too much of these days.
- Rich Miller - Tuesday, Apr 9, 24 @ 12:20 pm:
===a non-detainable offense? ===
It’s a detainable offense.
- @misterjayem - Tuesday, Apr 9, 24 @ 12:46 pm:
“simply walk out of jail, for free.”
“he would need 50K plus to walk”
So you’re outraged that someone accused of this can be released before trial — unless they’re wealthy?
I don’t know what’s the basis for that position, but it can’t be morality or logic.
– MrJM
- Former Downstater - Tuesday, Apr 9, 24 @ 12:50 pm:
So the prosecutor asked for him to be detained, and the judge decided to release him with conditions instead?
Sounds to me like the blame lies on the prosecutor for not making a better case.
- Occasionally Moderated - Tuesday, Apr 9, 24 @ 12:51 pm:
Another mention by KWQC:
Lee County deputies arrested two people after they attempted to sell meth to two Lee County deputies
At the time of Keane’s arrest, he was on pretrial release conditions with a GPS monitor out of Whiteside County for pending charges of unlawful possession of firearm ammunition by a felon, according to the media release. In accordance with the Illinois SAFE-T Act, Keane was given a court date and released from the custody of Lee County deputies.
KWQC reads press releases nearly verbatim so there’s that.
- H-W - Tuesday, Apr 9, 24 @ 1:31 pm:
If the Illinois Sheriffs’ Association and the Illinois GOP want to live in a state where people who are demonstrably not a threat to life or limb are none-the-less convicted and imprisoned before they have a trial, they should move to Russia.
This is still America, where vigilante justice is illegal. If a person is found by a judge to not be a flight risk and not a danger to the community pre-trial, law enforcement and politicians should follow the law rather than reject the rule of law.
- Rich Miller - Tuesday, Apr 9, 24 @ 2:21 pm:
===A Springfield man is in custody on several counts including reckless homicide involving a crash Mar. 13 that left one man dead.Devin W. Hogan, 26, is being held in Sangamon County Jail on $250,000 bond.===
That was in March of 2021. He got out of jail somehow and wound up in Macon County’s jail in November of 2022, when he was sent to IDOC. http://50.77.170.147/NewWorld.InmateInquiry/IL0580000/Inmate/Detail/-247522
- Amalia - Tuesday, Apr 9, 24 @ 2:26 pm:
yeah there’s lots of debate about process & rules & consequences. I think more emphasis should be put on crimes allegedly committed, and especially victims. So when new legislation is considered, like the third strike change proposed, actually do some thinking about what crimes could be committed and the victims. sometimes the push for defendants and the convicted is so out of bounds. it’s as if crimes have not been committed and victims don’t exist. if you list it, map it, real crime & offenders far outweigh any kind of process problems.
- TooManyJens - Tuesday, Apr 9, 24 @ 2:49 pm:
==it’s as if crimes have not been committed and victims don’t exist.==
The whole intention behind the Pretrial Fairness Act is for detention to be based on the risk a person poses, not on their access to money.
Consideration of whether a person is a danger to a specific person or to the community is a required component of a pretrial detention hearing. These decisions sometimes turn out to be incorrect, and that can be improved, but they were also incorrect sometimes under the cash bail system.
- Deputy Sheriff - Tuesday, Apr 9, 24 @ 5:59 pm:
Maybe Rich could report how the judges are constantly releasing detainable offenders because their being trained to do so by the state supreme court. Judges are releasing offenders charged with detainable offenses all over the state, at the direction of JB’s self-picked IL Supreme Court. That’s the issue. Not the police or prosecutors. If this is all about safety, why aren’t more offense “must detain”. We have non-detainable, why don’t have “must detain”
- Rich Miller - Tuesday, Apr 9, 24 @ 6:05 pm:
===why don’t have “must detain” ===
Pretty sure that wouldn’t be legal. Maybe you can find more info on Facebook and report back.
- H-W - Tuesday, Apr 9, 24 @ 8:09 pm:
=== judges are constantly releasing detainable offenders because their being trained to do so by the state supreme court ===
Well there’s a crazy assertion.
Judges have discretion. They also have regulations. Judges hear arguments from opposing sides, make decisions, and articulate the reasons for the decisions they make. Those reasons are recorded in writing.
I have never heard, much less read an opinion, in which a sitting judge said, “I was trained by the Supreme Court that if a case like this rises in my court, I am supposed to do what the supreme court trained me to do.”
- Rich Miller - Tuesday, Apr 9, 24 @ 8:49 pm:
===NO ONE in law enforcement says…….”perp”===
I’m not in law enforcement.
But I do love Kojak.
- Give Us Barabbas - Tuesday, Apr 9, 24 @ 10:02 pm:
This has always been about the Sheriffs not wanting to give up a source of revenue, not about safety.