The McHenry County prosecutor calls the SAFE-T law an “abject failure,” citing increased crime

MCHENRY COUNTY, Ill. – McHenry County District Attorney Patrick Kenneally calls the SAFE-T law an “abject failure,” pointing to significant increases in crime, jail populations and court failures since its implementation.

According to Kenneally, since the SAFE-T law went into effect, McHenry County has seen an increase in crimes committed by people released on bail compared to those previously released on bail.

The county also saw a 280 percent increase in court failures, an increase in the jail population and a 35 percent decrease in compensation payments to crime victims.

“How is it possible that the prison population is increasing along with the number of crimes committed by those in custody? Simply put, we are locking up the wrong people,” Kenneally said in a news release.

The SAFE-T Act, which was passed with the intent of eliminating cash bail, was based on the argument that cash bail often resulted in the unjustified incarceration of individuals who could not afford their release.

However, Kenneally argues that the previous system allowed judges to take a defendant's financial resources into account when setting bail, ensuring that low-risk individuals who could not afford bail were often released at their own discretion .

Before the SAFE-T Act, Kenneally found that 97 percent of people charged with crimes had been released on bail before trial under the system. He stressed that judges could set different bail amounts depending on the defendants' financial situation, while still having discretion to detain high-risk individuals.

“The problem with the SAFE-T law, which was written by public defenders and criminal lawyers, is that it denies discretion to district judges, who are elected by the communities affected by the alleged crimes, defendants who most “Being accused of crimes, no matter the level, is a risk of arrest,” Kenneally said. “Rather, in most cases, a judge has no discretion and must release the defendant.”