The first day (Monday, September 18, 2023) operating under the SAFE-T Act, also known as the Pretrial Fairness Act, resulted in the absurd and incoherent results many predicted, according to McHenry County State’s Attorney Patrick Kenneally.
A press release provided by the McHenry County State’s Attorney’s Office provided two court case examples, and was also posted on the McHenry County State’s Attorney’s Office Facebook page. There were no recent statements on the Cook County State’s Attorney’s Office website, but in July 2023, the Cook County State’s Attorney’s Office described a statement from Kim Foxx, calling the ruling in favor of the Pretrial Fairness Act a monumental milestone toward achieving equal justice for all in Cook County and Illinois.
“Ending cash bail is in line with our values and is a critical step toward economic and racial justice in Cook County and Illinois, which is why I have supported and advocated for its end from the beginning.”
— Kim Foxx
Kim Foxx stated that the Pretrial Fairness Act replaced the cash bail system with a detention process based on community safety and not on the financial fitness of defendants.
In contrast, the McHenry County State’s Attorney’s office declared that under the SAFE-T Act, a judge that must decide based merely on the type of charge a defendant faces is without power to detain defendants that a judge believes is a risk to the community.
The McHenry County State’s Attorney’s Office provided two example “non-detainable” cases with pretrial decisions being based on the type of charge the defendant faces, not the dangerous risk posed by the defendant or the measure of the likelihood that the defendant complies with court orders (see below) …
“As has been said many times, the most glaring problem with the SAFE-T Act is that pretrial release decisions are being made based on the type of charge a defendant faces, not a defendant’s dangerousness or likelihood of complying with court orders. Here we have two defendants, which, based on the allegations and criminal histories, might allow a judge to reasonably conclude that they present a clear risk of disregarding the law and/or court orders if released. Tragically, under the SAFE-T Act, a judge is without power to detain defendants in these types of cases even if he believes the community is endangered.”
— McHenry County State’s Attorney’s Office
In the case of Defendant #1 …
A 36-year-old McHenry City man was arrested for felony Criminal Damage to Property, Violation of a Bail Bond, Electronic Harassment, and Resisting a Police Officer. On September 7, 2023, the Defendant allegedly sent harassing text messages to his ex-girlfriend that were not returned. Thereafter, the Defendant allegedly went to her house and began kicking her door in an effort to gain access, resulting in over $500 worth of damage. In June of 2023, the Defendant’s ex-girlfriend sought and was granted an order of protection against the Defendant. That same month, the Defendant was arrested for Violation of Order of Protection. As part of his pre-trial release for the order of protection charge, the Defendant was ordered by the court to have no contact with his ex-girlfriend. The Defendant has previously been charged in 2006 with Fleeing and Attempting to Elude a Peace Officer and convicted in 2015 of Aggravated Discharge of a Firearm, resulting in a 4½ year prison sentence. Under the SAFE-T Act, the Defendants new charges are “non-detainable” and he was released back into the community.
In the case of Defendant #2 …
A 23-year-old Cary man who reported that he works as a “driver” for a roofing company despite not having a driver’s license. The Defendant was arrested on September 17, 2023, for Driving Under the Influence of Alcohol (DUI) with a Suspended License. His license was suspended after he was charged in 2021 with DUI and pled guilty in 2023, just two-months prior to this offense. In 2020, he pled to the misdemeanor offense of Failure to Render Aid after a motor vehicle accident. Under the SAFE-T Act, this type of felony DUI is “non-detainable”, and the Defendant was released back into the community.
“As has been said many times, the most glaring problem with the SAFE-T Act is that pretrial release decisions are being made based on the type of charge a defendant faces, not a defendant’s dangerousness or likelihood of complying with court orders. Here we have two defendants, which, based on the allegations and criminal histories, might allow a judge to reasonably conclude that they present a clear risk of disregarding the law and/or court orders if released.”
— McHenry County State’s Attorney’s Office
Patrick Kenneally joined the McHenry County State’s Attorney’s Office in 2007 as an assistant state’s attorney. During his tenure as an assistant state’s attorney, Patrick Kenneally worked in traffic court, in misdemeanor court, in felony court (as a special prosecutor), in the Civil Division, and also worked as the First Assistant. He handled thousands of criminal prosecutions and represented McHenry County in civil litigation and on government-related legal matters. Patrick Kenneally was elected McHenry County State’s Attorney in 2016.
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