McHenry County State’s Attorney calls SAFE-T Act an 'abject failure,' citing increased crime

MCHENRY COUNTY, Ill. - McHenry County State's Attorney Patrick Kenneally is calling the SAFE-T Act an "abject failure," pointing to significant increases in crime, jail population and failures to appear in court since its implementation.

According to Kenneally, since the SAFE-T Act went into effect, McHenry County has seen a 30 percent rise in crime committed by individuals on pretrial release compared to those previously on cash bail. 

The county has also experienced a 280 percent increase in failures to appear in court, a rise in the jail population and a 35 percent drop in restitution paid to crime victims.

"How is it possible for the jail population to increase along with the number of crimes being committed by those on pretrial release? Simply put, we are incarcerating the wrong people," Kenneally said in a press release.

The SAFE-T Act, passed with the intention of ending cash bail, was premised on the argument that cash bail often led to the unjust incarceration of individuals unable to afford their release. 

However, Kenneally argues that the previous system allowed judges to take a defendant’s financial means into consideration when setting bail, ensuring that low-risk individuals who couldn’t afford bail were often released on their own recognizance.

Prior to the SAFE-T Act, Kenneally noted that 97 percent of individuals charged with crimes had been released pretrial under the cash bail system. He emphasized that judges could set varying bail amounts based on defendants' financial situations, while still retaining the discretion to detain high-risk individuals.

"The problem with the SAFE-T Act, written by public defenders and advocates for criminals, is that it denies county judges, elected by the communities affected by the alleged crimes, the discretion to detain defendants charged with most crimes, no matter how high-risk," said Kenneally. "Rather, in most cases, a judge has no discretion and must release the defendant."

Matthew McLoughlin from the Illinois Network for Pretrial Justice responded to Kenneally's remarks, saying the state's attorney continues to spread misinformation.

To read McLoughlin's full statement, click HERE.