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Will County Gazette

Friday, May 3, 2024

Glasgow: SAFE-T Act "the most lenient criminal law in the country"

James w glasgow will county state s attorney

James W. Glasgow | willcountysao.com

James W. Glasgow | willcountysao.com

Democrat Will County Prosector Jim Glasgow says that when the SAFE-T Act goes into effect on Jan. 1, 2023, he will have to let half of the accused criminals being held -- about 250 inmates-- out of jail immediately. 

"The sheriff and the judges have to release these individuals" per the law, Glasgow said in an interview on AM-560's Morning Answer. "We’re talking burglary, robbery, arson, intimidation, aggravated battery. These are very serious crimes."

Per the SAFE-T Act, judges are no longer allowed to consider a perpetrator's criminal history, and whether they are a danger to the broader community, in holding them pre-trial.

"You can have someone who got out of prison for other violent crimes, and then goes on a spree, commits a dozen of these kinds of crimes, and then is finally arrested. They would be brought before a judge, then placed on pre-trial release. That is about as dangerous for the community as it gets," he said.

And that's for those accused of committing what would now be "non-detainable" felonies.

The SAFE-T Act mandates that the other half of the Will County Jail-- those held for "detainable" offenses like first-degree murder-- would also go free in 90 days, Glasgow says. 

“Anybody detained under this new law is going to demand a speedy trial. They are going to run their 90 days. Then the wisdom of this new law says that once you hit that 90th day, you shall not be denied pre-trial release, period," he said. "After 90 days, even if you’re facing three murder charges, the judge has no authority to lock you up."

The Will County jail currently holds 53 inmates charged with first degree murder. All would potentially be released by Mar. 31, 2023.

Glasgow said it is impractical to expect courts to conduct a major felony trial in 90 days.

"With the complexity of prosecutions today, it’s almost impossible to get any serious crime to trial in 90 days. That number is a killer for us," he said. "We have prosecutors who are trained to do this job. We understand the ripple effects when you make certain policy decisions. The people that wrote (the SAFE-T Act) either didn’t know those ripple effects, or didn’t care."

The 700 page SAFE-T Act was sprung on state lawmakers just before a vote on the bill, which passed on pure party lines. Pushed by Gov. J.B. Prtizker, it was supported by only Democrats, who control both Illinois legislative chambers by supermajorities.

Glasgow says he believes his fellow Democrats were duped.

"If they had told the legislators that half the prisoners in their jail would be out on day one, and the rest in 90 days, they wouldn’t have voted for it," he said.

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