More than two years after Illinois eliminated cash bail through the SAFE-T Act, crime data from the state indicates that violent crimes haven’t increased. However, law enforcement officials in rural regions claim the reform has introduced new challenges concerning public safety and addiction treatment that statistics may not fully reveal.
The Illinois SAFE-T Act was enacted in January 2021 and signed by Governor JB Pritzker shortly thereafter. The most debated aspect of this law—ending cash bail—took effect on September 18, 2023, after the Illinois Supreme Court confirmed its constitutionality.
Proponents of the act argue it prevents low-risk defendants from being jailed simply for being unable to pay bail. Conversely, critics fear this will result in higher recidivism rates, missed court appearances, and increased harm to victims.
Keith Pekau, the mayor of Orland Park, expressed serious concerns in a past interview: “I said this is the most dangerous law I’ve ever seen, and I believe that.”
A year later, while statewide statistics have alleviated some earlier fears, some sheriffs argue the law exacerbates conditions in communities already grappling with addiction and limited treatment options.
Research from Loyola University indicates that between September 2023 and September 2024, violent crime in Illinois decreased by approximately 6%, with a 10% drop in homicides. Property crime rose by less than 1% statewide.
Also, absenteeism rates have remained stable at around 15%, consistent with levels before the reform. Importantly, there hasn’t been a significant increase in recidivism for defendants released under this new pretrial system.
These findings echo data from the Illinois State Police, which shows that crime stabilized during the phased implementation of the SAFE-T Act in 2021 and 2022 and has since seen a slight decline.
Before the statewide reform, Cook County had already minimized its reliance on cash bail, and it’s noted that re-arrest rates and court outcomes improved since 2023 according to the same Loyola and Cook County data.
In rural regions, however, some law enforcement officials argue that the SAFE-T Act overlooks the reality of addiction-related crimes, especially in areas where treatment access is scant. Kyle Bacon, the sheriff of Franklin County located several hundred miles south of Chicago, stated, “I don’t think the SAFE-T Act is going to help the public.” He expressed frustration with the rapid release of individuals caught in the throes of addiction, noting that drug possession alone no longer qualifies as a custodial offense.
Bacon mentioned, “We take them to the jail, we book them, and we send them on their way in no time.” He questions how this system serves public safety effectively.
Under the SAFE-T law, a judge can only detain a defendant if it’s proven they pose a flight risk or a danger to the community; mere addiction or intoxication doesn’t necessarily qualify.
Bacon emphasized that in his county, ongoing challenges like addiction-driven theft persist due to a lack of sufficient holding time or mandated treatment options. He acknowledged, “Some people say addiction is a victimless crime, but I disagree. The majority of our robberies, thefts, and property crimes are driven by addiction.”
He believes that the swift release of defendants contributes to public dissatisfaction, as people often blame law enforcement for the perceived leniency towards criminals.
Opposition to the SAFE-T law has been voiced primarily by police unions and prosecutors, with around 60 counties backing a lawsuit aimed at halting its implementation. However, the Illinois Supreme Court dismissed these claims in July 2023, affirming that cash bail isn’t constitutionally required and that lawmakers hold significant authority regarding pretrial regulations.
Governor Pritzker acknowledged that while “adjustments” to the law could be contemplated, no substantial legal changes have been made thus far. Meanwhile, misinformation about these reforms—including claims of “legalized crime”—sparked significant backlash during the 2022 elections.
Now, over a year after the end of cash bail, crime rates have decreased, and court appearance rates are stable across Illinois. Yet, for sheriffs in disadvantaged rural communities, the SAFE-T Act highlights the disconnect between criminal justice reform and effective addiction policy, prompting further questions on whether just focusing on pretrial reform can truly tackle the root causes of crime.
As Bacon pointed out, “I don’t think this law considers the victim as much as the potential defendant.”
