The SAFE-T Act And How It Really Impacts Illinois

Here is what every Illinois resident should know about the Pretrial Fairness Safe-T Act scheduled to go into effect on January 1, 2023
mcclintock law safe t act

We’ve all seen movies where the judge loudly hits his gavel and proclaims that bail is set. But what happens when this step is no longer and bail doesn’t exist? That’s the new reality Illinois will be facing on January 1, 2023. Though the abolishment of Cash Bail isn’t happening without some serious controversy and conflict.

Criminal Defense Attorney Scott McClintock wants Illinoisans to be informed and aware of the provisions in the Safe-T-Act as it stands now.

As January 1st approaches, many leaders in the public safety sector are sharing their opposition to the Safe-T Act law that takes effect in 2023. One of the provisions includes the elimination of cash bail and McClintock Law is here to discuss what that means for citizens in their community.


What changes can Illinois residents expect with the proposed Safe-T Act law? 

  • The Safe-T Act law is scheduled to go into effect on January 1, 2023. 
  • Some incarcerated criminals may qualify for release. 
  • Lawmakers will meet in November and amendments are possible.

What are some of the changes residents of Illinois can expect with the elimination of Cash Bail?

Attorney Scott McClintock was recently interviewed on the “Community Hour” on Sunny 97.7 WMOI and 1330 WRAM in Monmouth, Illinois and he cited one example of a scenario where the cashless bail may affect members of the community. McClintock says, “Someone who’s had 3 DUIs, it’s a class 2 felony, and you instantly release them, what do you think they are going to do? I mean, it’s highly likely they are going to drive again. So that’s an issue for the community.”

While the proposed Safe-T- Act affects second-degree murder, aggravated battery, arson, drug-induced homicide, kidnapping, burglary, robbery, intimidation, aggravated DUI, aggravated fleeing and eluding, drug offenses, and threatening a public official, the public should be informed and concerned about the effects on the community. 

Criminal Defense Attorney, Scott McClintock, says the law as it stands now

“It will have a substantial impact on the process right now and will really impact the court system, the state’s attorney’s office, and the police more than anything.  It won’t impact my line of work because my clients hire me either when they have made bail or bail has been set.  It won’t impact my line of work except for being a member of the community. Where the biggest impact may be in the State’s Attorney’s office. They will have a lot more work they will have to do if it goes forward the way it stands now. There have been a number of counties who have filed a lawsuit on behalf of their Sheriff’s departments”.

In a recent article from Illinois News Correspondent, Kevin Bessler, with The Center Square reported on October 21st, that after over 50 state attorneys filed lawsuits against Illinois’ SAFE-T Act, a motion has been filed asking the Illinois Supreme Court to consider consolidating the lawsuits.  The criminal justice legislation makes Illinois the first state in the country to abolish cash bail on January 1 and at least 55 counties are going to court claiming the law is unconstitutional.

The Safe-T-Act has the potential to impact the legal system in Illinois. The standard will no longer be that people have to pay cash bail to be released but rather rely on a judge’s ruling before being released back into society to await their trial. This may rightfully make some of the community nervous, but, this act is being challenged, and there’s time for it to be amended this November in Springfield. 

Scott McClintock has established himself as a trusted lawyer in the Warren County and surrounding area. His experience in working with the States Attorney gives him an expertise in now handling DUIs, Drug Charges and other criminal defense cases of any kind. Scott knows that a person should not be defined by one mistake and that belief motivates him to fight for you.

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