Marion County Resident Circuit Court Judge Mark Stedelin has explained how the arrest process will change with the implementation of the SAFE-T act if it goes into effect as scheduled on January first.
While those who are accused of violent crimes will be taken to jail as in the past, the judge says changes will take place at the time of other arrests.
“When an individual is arrested on a Class 4 felony or Class A misdemeanor, non-violent in nature, the police officer will first have the discretion to either take them into custody or release them on a notice to appear. If released on a notice to appear, they will be directed to appear in court on a subsequent date. If they are arrested, it’s because the officer has determined there is a risk they will abscond to try and avoid prosecution.”
Stedelin says for those who are detained, they will have a detention hearing at one every afternoon the courthouse is open to determine if they will remain in custody.
“If you meet the requirements of detention, you’re detained without bond so in essence if you meet the requirements of being detained either because of risk of absconding or in a violent crime situation due to a risk of safety to people you’re held without bond. That means you could be held 90 days without bond, and that time could be extended by any delay caused by the defendant. So if a defendant makes a motion to continue that time could be extended.”
So what options are there to get out of jail?
“The matter is tried, a plea deal is reached or the state elects to dismiss the charge.”
Stedelin says for all of those receiving notices to appear on felony charges, there will be an 8:30 Friday court appearance set.
The judge says he expects most who are arrested on felony drug charges will no longer go to jail but will get a notice to appear.
Stedelin has concerns about the law himself, calling it a big experiment that he feels has flawed theory behind it.
The Illinois Supreme Court halted implementation of the new law early Saturday evening until its constitutionality can be reviewed.
