A suburban Chicago state’s attorney filed a lawsuit Friday seeking to have the SAFE-T Act, criminal justice reform legislation passed by the Illinois General Assembly in 2021 that is set to take effect on Jan. 1, declared “unconstitutional.”
According to Olayemi Olurin, a public defender for the Legal Aid Society in New York who recently went viral on Twitter for her explanation of Illinois' Pretrial Fairness Act, the idea of the new law being a"purge law" is not accurate.
Under the law, the state will allow judges to determine whether individuals accused of a wide range of crimes pose a risk to another individual or to the community at large, and then decide whether to hold them in pretrial detention or to release them on their own recognizance.
The nature and circumstances of the charges, the weight of evidence against the defendant, the defendant’s history and characteristics and the risks that would be posed by release will all be evaluated, according to CivicFed. “HB 3653 does not mandate release, and is supported by victims’ rights advocates,” he said. ‘It ensures that the courts retain the ability to hold defendants who are safety or flight risks.”But the Pretrial Fairness Act is just one part of HB3653.
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