“Now that these realities are coming to light, the legislature is paralyzed and they don’t want to address it. They should absolutely go back into session.”
September 15, 2022 – In a press conference this morning morning, Attorney General candidate Tom Devore refuted Governor Pritzker’s claims that the SAFE-T Act doesn’t make violent crimes such as second-degree murder, kidnapping and aggrevated DUI ‘non-detainable’ offenses, saying:
“The governor now wants to say there is no such thing as a ‘non-detainable offense.’ He’s playing games with words because, while the phrase “non-detainable” doesn’t exist in the statute, what the statute does is it enumerates types of crimes for which detention is possible. It lists them in the statute, you can be detained for a variety of things. By deduction, just basic analysis, any crime that is not enumerated, you cannot detain. That is ‘non-detainable.’
“What is ‘non-detainable’ under the SAFE-T Act? Depends upon the criminal code. Offenses that are forcible felonies that you cannot get probation for is a category of things that you can be detained for. Second-degree murder is one of those offenses that you cannot automatically be detained for. Kidnapping is another one. Robbery is another one… These aren’t just my words. These are the words of an overwhelming number of states attorneys who have analyzed this bill across the state – Democrat and Republican.
“There’s a catch-all phrase that says, ‘what if they’re a high flight risk? We can detain them then.’ The burden of proof will be significant. It is a catch all that will not be applicable according to most states attorneys.
“Another thing we will have to deal with is what we do with someone who can’t be detained and needs to come back to court. You know longer can issue an arrest warrant if someone doesn’t appear for their court date. That process is gone. It has to be handled. We handle civil court cases with what is called a ‘Rule to Show Cause,’ which is a document that is filed by the state. The court will issue an order. Then that order has to be taken and served upon that defendant within 48 hours of the hearing. And if they’re not served, they don’t have to appear. If they’re served, and then don’t appear… you could, maybe, get a body attachment against them. That process – we do it in civil courts all the time – it’s very complicated. It’s very cumbersome. The criminal system is not going to be able to use that.
“Ultimately, what this comes down to is: the reason we are having this conversation today is because this bill was crammed through at the last minute by special interests groups without our legislature having enough opportunity to review it, or an opportunity for the public to see it. And now that these realities are coming to light, the legislature is paralyzed and they don’t want to address it. They should absolutely go back into session. They should deal with this, and fix what needs to be fixed. There were some good provisions in that bill. But on many of them, they completely missed. And they need to take care of it.”
Devore was joined by Robbins, Illinois Chief of Police and candidate for state representative, David Sheppard, and Paul McKinley, with Voices of Ex-Offenders and a former Congressional candidate.