The Marion County Board discussed with frustration what they don’t know about the new Safe-T Act that will eliminate cash bond for most non-violent crimes January 1st.
Law Enforcement Committee Chair and Centralia Police Lieutenant Steve Whritenour said he was deeply concerned and questioned two years after passage it’s just now there is sudden attention to clarify the law.
“We don’t have any direction of when we arrest somebody for say a Class 3 Felony for burglary. Which is a non-violent crime, but is a very serious property crime. And as the law reads today these people aren’t going to jail so these are big concerns that not just myself but all of law enforcement in the state is looking at that we need some direction from the state to tell us, alright this is what we are going to do.”
But Marion County Circuit Clerk Tiffany Schiker says that isn’t going to happen.
“I have reached out to a couple different state agencies, the administrative office and the pre-trial task force at the Supreme Court level asking for guidance and direction. Both of those agencies have gotten back saying they are leaving it up to local government to decide how to proceed with it and what procedures we are going to put into place.”
Schiker says meetings are now being held locally.
“Stakeholders meeting with judges, states attorney, public defender, myself to try and line out some solid processes so we can bring in law enforcement, train them on what procedures will have to take place after January 1. And we will probably continue to hold those stakeholder meetings even after the first of the year just so we can continue to weed out any speed bumps we may run into.”
Schiker says its likely rules will be developed for all the county’s in the 4th Judicial Circuit. She praised State’s Attorney Tim Hudspeth and Public Defender Craig Griffin for their research so they don’t end up proceeding ‘off the cuff’. Resident Circuit Judge Mark Stedelin is also serving on several judicial committees. Schiker is hopeful the judicial group can meet with law enforcement in four to six weeks to lay out processes that will be followed.
Marion County Sheriff Andy Garden said one thing that won’t happen is everyone being held on cases that will now not be eligible for bond being released from jail January 1st. Those in jail before January first will have their situation addressed individually as their cases make their way through the court system.
Whritenour says to add to the problem there are several trailer bills that could change the Safe-T Act in the fall veto session of the legislature adding potential further confusion. Schiker says right now they are planning for implementation under the law as currently written.
