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For more than 2 ½ years, Illinoisans have heard arguments from both sides over the SAFE-T Act, a new Illinois law that makes sweeping changes to our criminal justice system and the law enforcement profession. Most notably, it eliminates cash bail beginning this September.
On one hand, proponents of the cashless bail provision say people shouldn’t be held in jail ahead of their trial based on their ability to pay. A rich person shouldn’t be able to be released for the same charges as a poor person. That is a noble argument and one most people can agree with.
However — a big however — opponents of the law, including me, believe that the SAFE-T Act is poorly designed, putting public safety at greater risk and placing victims in further harm. This ill-conceived law does not grant judges enough discretion to hold certain suspects behind bars, and other dangerous individuals will slip through the cracks under the new standards state’s attorneys now have to meet to ensure suspects aren’t let back on the streets likely to offend again.
Ultimately, I believe the SAFE-T Act will only increase crime, and it provides little consideration for victims.
Regardless of my predictions, Illinois will ultimately soon learn of the results and impacts the SAFE-T Act will have on victims and our community’s safety. Sadly, only time will tell what the true implications will be. But what is for certain right now is the financial implications that will be felt once courts can no longer collect bail money.
Reading this, you may be thinking, “We shouldn’t have a system built around someone’s ability to pay their way out of jail.”
Sure, but once you look into where that money goes, you’ll find that a lot of it goes directly to the victims of crime. I can’t help but think of the impact this will have on survivors of domestic abuse and sexual assault as bail money ultimately provides financial resources to them and so many others.
Data from the Illinois Supreme Court Pretrial Practices Implementation Task Force shows that counties collected more than $80 million in bond money in 2021. My largest county, Jefferson County, could see a loss of nearly $750,000, while some of the largest counties in the state could lose several millions.
This bond money is applied toward many of the fees that criminals ultimately owe. Without the ability to apply bond money to these important fees, there’s a high likelihood that courts will never be able to recoup the money owed by criminals.
Not only do these fees help with overall court and administrative costs, but also, most importantly, these fees provide for a wide range of resources for victims, from restitution payments for the expenses incurred as a result of being a crime victim, to other services and assistance that government bodies provide victims during their recovery to help them get back on their feet and recover from their traumas.
Let’s take a look at the fees for those charged with sex offenses:
For a convicted felony sex offense, 31% of the fee is applied to the Children’s Advocacy Centers Program, the Crime Victim Compensation Fund, the fund for sexual assault victims and the Domestic Violence Shelters Fund. For a convicted misdemeanor sex offense, 32% of the fee is applied to those same funds.
Chicago Tribune Opinion
Additionally, on top of bond money being applied to these various funds that help victims, a judge can also award the victim restitution. A total of $2.5 million in bond money was applied to restitution in 2021, but with bond money no longer available, it’s unlikely those awards will ever be collected and provided to the victims.
Unfortunately, the concerns as to whether these funds will still be available are not addressed in the SAFE-T Act. The loss of bond revenue will serve as a direct hit to the victims we should ultimately be protecting.
At the end of the day, we all understand the attempt to make our criminal justice system more “fair.” But let me be clear: The SAFE-T Act is not a victims-first law.
As a survivor of childhood domestic abuse, I’ve been appalled by much of the rhetoric some have used to justify their support of the SAFE-T Act, but to ignore the victims’ restitution and resources that are now left in limbo is completely unacceptable.
Our state must do a better job at supporting and uplifting victims — the SAFE-T Act is not the answer.
State Sen. Terri Bryant, a Republican from Murphysboro, represents Illinois’ 58th District.
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