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Illinois purge lawIllinois Passes A Law Ending Cash Bail, Gains The Nickname ‘The Purge’ Law.Senator Proposes Changes to Illinois’ SAFE-T Act Amid ‘Purge’ Rumors – NBC Chicago
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That includes serious crimes such as first-degree murder and criminal sexual assault. Those arrested for forcible felonies such as second-degree murder, robbery, burglary, arson, kidnapping and aggravated battery — the crimes often cited by opponents of the bill on social media — are not required to have a detention hearing since they are offenses subject to probation.
The suspects could, however, still be held in custody until trial if a judge determines they are a threat or flight risk. Still, the new law does impose higher standards for determining who is considered a public threat or a flight risk, and critics are concerned it will make it nearly impossible to detain a suspect ahead of trial. A hearing will be required to determine whether a defendant poses that risk, and if the court finds that they do, then a judge will be required to submit their reasoning in writing under the parameters of the legislation.
According to the text of the bill, defendants can be denied pretrial release if a hearing finds that they meet any of the following criteria:. If the state seeks to find that a defendant must be held in pretrial detention, then they are required to hold an immediate hearing to argue their position.
Judges can issue short continuances of up to 48 hours from the filing of that petition, but a decision will need to be reached quickly. According to the bill, even if a defendant is found to qualify for pretrial detention, periodic hearings will be held to determine whether circumstances have remained the same. Courts will have the option to release individuals if they find that the defendants do not pose an active threat to the community or to another individual. Proponents of the bill argue that the cash bail system disproportionately impacts minority communities, and that eliminating the practice will help to ensure more equitable outcomes.
According to the Center for American Progress, three out of five individuals in U. Anticipating a reduction in the number of inmates, Kane County and Kendall County are joining together to potentially house Kendall County inmates before trial. Still, some Illinois law enforcement officials have expressed concerns that the bill requires a higher burden of proof to detain accused violent criminals than the one currently in place.
The new law does impose higher standards for determining who is considered a public threat or a flight risk, and critics are concerned it will make it nearly impossible to detain a suspect ahead of trial. Kankakee County State's Attorney Jim Rowe filed a lawsuit in his county's circuit court stating the act violates the constitution in multiple ways, including the single-subject law, separation of powers, the three-readings requirement and others.
The suit names Gov. However, regardless of whether you agree with or reject the many reforms of the Safe-T Act, or even how you may interpret them, one thing is for certain: you cannot amend the Illinois Constitution without a referendum or Constitutional Convention Illinois Constitution, Article XIV. When asked about concerns some have voiced regarding the higher burden of proof, Alexa Van Brunt, director of the MacArthur Justice Center Clinic at Northwestern's Pritzker School of Law, said prosecutors have always had that burden.
The difference is, she explained, prosecutors aren't following it right now. So the person is essentially on a no bond because they can't pay it," Van Brunt said. Now, in ways that are unlawful. And this actually just holds them to account makes them come up with evidence to show why somebody should be held before they've been convicted of anything.
I keep seeing references to felons walking free. Suspects can still be jailed pretrial if they are considered a public safety risk or likely to flee to avoid criminal prosecution, said Lauryn Gouldin, a criminal law professor at Syracuse University in New York who studies pretrial detention and bail. That includes serious crimes such as first-degree murder and criminal sexual assault.
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