The following post is from New Lenox Mayor Tim Baldermann. He posted it yesterday on a community page and it is one of the best explanations of the new Illinois SAFE-T act that is going to take effect in Illinois. We are reposting it because it is one of the best explanations I have seen regarding the upcoming changes in the law and what police can do.

Originally posted by Tim Baldermann:

This may be my longest post yet, but I’m asking you to take some time to read it and pass it on.

On June 21st, the police chief and I updated our community on the arrest of those responsible for a carjacking in our town. A few days later, I had the opportunity to speak on national television about the trend, particularly by the Cook County State’s Attorney’s Office to provide leniency toward hardened criminals. I also spoke about the SAFE-T Act that was signed into law by Governor Pritzker. SAFE-T stands for Safety, Accountability, Fairness, and Equity-Today. Let’s break that down:

Safety- This legislation allows for cashless bail, with language that states “all defendants shall be presumed eligible” for pretrial release unless prosecutors present “clear and convincing” evidence to deny the suspect release, such as proof that the suspect committed the crime and poses a threat to the physical safety of a specific identifiable person. In other words, almost immediately after arrest (48 hours) the state’s attorney’s office is expected to gather the evidence and prove that someone is guilty. If they can do that, then why do we need trials anymore? That is an impossible task for a limited number of assistant state’s attorneys to complete in such an unrealistic time frame. Make no doubt, hardened, violent criminals will be released back to the street to commit more crimes.

I don’t believe in complaining about a situation if I’m not willing to provide a solution. I believe most reasonable people would support cashless bail for someone who has committed a low-level property crime, and who doesn’t have convictions for past violent offenses. Being poor should not be the reason someone has to stay in jail. Being a convicted criminal for previous violent crimes against a person is reason to deny cashless bail. That will no longer be the case. How many victims and witnesses will no longer be willing to testify because the criminal in their particular case is back out on the street?

Accountability- The only ones being held accountable are the police and the state’s attorney. Criminals and defense attorneys have no burden or responsibility. Guilt, not just probable cause, must be proven almost immediately.

Criminals can be non-complaint with police officers while in detention, and can still demand three phone calls while being held.

An armed offender can run toward a school building, and unless the police can prove that they are going to harm a particular individual and that they can’t apprehend them later, they can not use lethal force to stop them.

Someone can come to your house and harass you on your front porch, but all the police can do is issue a citation. They can’t remove them from your property if they refuse to leave.

Citizens can make anonymous complaints against police officers, and the officer is not entitled to know who complained or who is investigating them. Even criminals get to know who is making a complaint against them.

All police officers must wear body cameras by 2025. In New Lenox, we have them now. I believe they can be the officers best line of defense when being accused of wrongdoing. If the state will truly help fund this initiative for those communities that can’t afford it, then I believe it is a good thing. The issue, once again though, is that it is only the people in law enforcement that are being held accountable.

Fairness- If a person with no violent background, and who is accused of a non-violent offense, is able to be released based on cashless bail until their trial, then there is an element of fairness there. Other than that, the only people seeing “fairness” are criminals; including violent ones. Fairness to police officers, state’s attorneys, victims, and witnesses is being discarded in order to allow suspected criminals the chance to “roam the streets” and commit more crimes.

We’ve had one murder in our village in the last 20 years. The suspect is a violent offender with a violent criminal past that was not in jail because the Cook County State’s Attorney has already chosen to protect criminals with her lenient actions, as opposed to defending and protecting the law-abiding citizens she took an oath to serve. The same is true of the criminals that were arrested in our recent carjacking case. Three hardened, violent criminals with 27 convictions in their past for very violent crimes, have enjoyed their freedom while people are going about their daily lives just waiting to become the next victim.

Equity-Today- The legislators that supported this act point to the lack of quality academic and employment opportunities in minority communities. I absolutely agree that this is a legitimate problem. Despite having some very good teachers, the Chicago Public School System is an absolute failure. There is without question root causes that help lead to the continuation of this cycle of poverty, poor education, and lack of opportunity, especially in minority communities. That cycle of failure often breeds criminal activity. The problem is that this legislation does nothing to combat those issues. Instead, it makes excuses and gives free passes to those that are negatively impacted by the failures of Illinois and the City of Chicago, as well as other poorly run government institutions. When your only solution is to throw good money after bad at poorly run organizations, and allow criminals to be repeat offenders because they’ve “had a hard lot in life”, the result will be the same...no opportunities and more crime.

New York- New York legislators passed similar “bail reform” laws in 2019. The uptick in crime, most of which is being committed by those with previous criminal histories, should be used as a “crystal ball” for what Illinois can expect to see. I know media outlets are biased for one side of the aisle or another. All you have to do is read the factual information about the increase of violent crimes in that city being perpetrated by career criminals. We are already seeing that here because of disastrous actions taken in Cook County. Now we will see that throughout the state when police officers and state’s attorney’s hands are tied.

I, like everyone else, have my own personal political beliefs and convictions. That being said, the people in this community know that I have served my office as a non-partisan public servant. I represent republicans, democrats, independents, and those who couldn’t care less about politics. I do that because I swore to uphold those principles in the oath of office I have taken four times now. As a long-serving public servant, and a 22 year veteran police officer (having served in Cook County), I implore all of you to come together to stand up against many aspects of the SAFE-T Act. Many prosecutors from both political sides of the aisle are warning us of what is to come, including our own Will County State’s Attorney, who is a democrat. Criminals don’t care what color you are, or what political party you vote for. This is not a political problem for Illinois citizens, it is a public safety problem.

I don’t care who you vote for or what your beliefs are politically, and I’m not interested in just bashing someone politically. This is truly a life or death situation that can be avoided to a major extent by making a few changes to this legislation. Like any legislation, there are a few components of the SAFE-T Act that are beneficial. Expecting the legislation to be repealed in its entirety is unrealistic and unnecessary. Removing the provisions that will endanger the lives of every Illinois citizen is something we must demand.

No matter your political persuasion, for your own safety, I implore you to contact your local state legislator, and the Governor, expressing your concern for the public’s safety. We can treat all people, regardless of their race or socioeconomic standing, with fairness and respect. Extending that to violent criminals, while placing law-abiding citizens at risk, is at best wrong, and at worst, criminal in itself.