The SAFE-T Act once again grabs attention in Illinois as an individual accused of driving under the influence and causing a fatal crash with a sheriff’s deputy’s vehicle is released before trial.
State Representative Dennis Tipsword, a Republican from Metamora and the Woodford County Chief Deputy Sheriff, expressed his view on the actions of Nathan Sweeney, who was arrested after the tragic death of Dekalb County deputy Christina Musil. According to Tipsword, Sweeney’s actions should have resulted in his detention as they were considered an offense. However, Sweeney was released by the judge, who cited the SAFE-T Act as the reason for his decision.
According to Tipsword, reckless homicide is a serious offense that can result in detention. However, the SAFE-T act clearly states that individuals should be released unless there are compelling reasons to keep them in custody, such as being a danger to society or a flight risk. Tipsword expressed his belief that someone who is under the influence of a combination of narcotics poses a inherent threat to society. He questioned how it could be trusted that an individual who is already blatantly breaking the law by using such a dangerous combination of drugs would not continue to do so in the future. Tipsword found it baffling that this person was not detained, stating that it should have been a clear decision to keep them in custody.
Authorities stated that Sweeney had allegedly consumed cocaine, fentanyl, and morphine at the time of the crash that resulted in the tragic loss of the deputy’s life.
According to Tipsword, the reason for the release was probably because the prosecution couldn’t demonstrate that Sweeney posed a threat to society or that he was likely to flee.
State Representative Kam Buckner, a Democrat from Chicago, expressed his satisfaction with the formation of the Republican working group known as Truth in Public Safety (TIPS).
According to Buckner, while the SAFE-T act may not be flawless, it has the potential for improvement. In order to address the evolving landscape of criminal justice, several modifications have been made to the language within the act through trailer bills. The aim is to enhance the effectiveness of the law, ensuring the safety of individuals and preventing any loopholes. Buckner emphasizes the importance of maintaining the original intention of the bill, which was introduced four years ago, while also strengthening its provisions.
Republican members of the TIPS working group have introduced several bills, including House Bill 5120. This bill aims to broaden the range of detainable offenses before trial, taking into account the seriousness of the offense and whether the defendant poses a genuine threat to individuals or the community. Unfortunately, Tipsword mentioned that all of these bills have been disregarded.
According to Tipsword, the main argument is that there should be an increase in the number of crimes on the detention list. This would ensure that prosecutors and judges pay more attention to whether an individual poses a threat to society. Tipsword also believes that the determination of whether someone is a danger to society should be separate from the specific crime they committed. Regardless of the crime, if someone is deemed a danger to society, they should be held accountable. Allowing such individuals back on the street would only result in more victims being created.
According to Tipsword, the aim is to advance these bills in the upcoming weeks. However, there has been no progress thus far. Democrats argue that the SAFE-T Act grants judges greater judicial discretion, Tipsword explained.
According to Tipsword, a lifelong police officer who was closely following the passage of the SAFE-T Act, he was intrigued by the Democrats’ claims that the law would grant more judicial discretion to judges in determining the most dangerous criminals. However, he believes that this assertion is far from the truth. Tipsword argues that unless an individual commits one of the detainable offenses, he or she could have their plane tickets purchased without the prosecution being able to demonstrate that they are a flight risk. Consequently, the judge never even hears this argument.
According to Buckner, judges are granted a significant amount of discretion under the SAFE-T Act.
According to Buckner, the intention behind granting judges the authority to make recommendations and consider all aspects of a case when determining whether someone should be held in pretrial detention was to empower the judiciary and create a more effective and secure system. Buckner believes that further education for judges is necessary to ensure that their decisions align with the legislative intent of the bill, which will ultimately lead to the desired outcome.
The Republican working group is also advocating for House Bill 5121, which would allow for the revocation of a defendant’s pretrial release if they are charged with a new offense. Additionally, they are supporting House Bill 5126, which aims to return to the previous court processes of issuing a warrant when a defendant fails to appear in court.