Signed into law in 2021, the Safety, Accountability, Fairness, and Equity-Today (SAFE-T) Act was introduced as a sweeping criminal justice reform bill. While its supporters claimed it would create a fairer system, critics, including House Republican lawmakers, warned that the law stripped judges of critical discretion, weakened law enforcement's ability to tackle crime, and prioritized criminals over victims.
One of the most controversial provisions of the SAFE-T Act is the elimination of cash bail, which went into effect in 2023. Under this system, judges can no longer require monetary bail to ensure a defendant’s return to court. Instead, they must determine whether a suspect poses a flight risk or a danger to the community based on strict legal criteria. This removes judicial discretion, forcing judges to release individuals who might otherwise have been held in custody. The law also imposes new burdens on law enforcement, including limits on use of force, expanded reporting requirements, and changes to certification procedures.
At the press conference, lawmakers expressed frustration that public safety has become a secondary concern under the law. House Minority Floor Leader Patrick Windhorst (R-Metropolis), a former Massac County prosecutor, was blunt in his criticism. “We warned Democrats about the devastating consequences of this legislation, and now we are witnessing them unfold in real time,” he stated.
State Representative Patrick Sheehan (R-Homer Glen), a police officer of nearly two decades, echoed Windhorst’s critiques, stating “We said from day one that removing cash bail for most crimes, restricting officer discretion, and weakening our ability to uphold the law would come at a cost. How many more lives have to be shattered before we wake up and see the SAFE-T Act for what it really is?”
One of the most chilling real-world consequences of the SAFE-T Act is the tragic case of Megan Bos, a 37-year-old woman from Antioch who was found dead months after her disappearance. On February 17, 2025, Megan was last heard from. Her mother, Jennifer Bos, reported her missing after receiving no responses to her messages or calls.
“I worked probably 22 hours a day trying to find her,” said Jennifer Bos, Megan’s mother. “Dozens of friends and family rallied to make and distribute flyers, search for her, and go door to door in the area from where she went missing. 1500 flyers made it to Northern Wisconsin, South of Chicago and everywhere in between, thanks to volunteers...so many we didn't even know. Social media was flooded, and even the news picked up the story for a minute. I really believed we would find her. But 4 weeks later, the officers working my case knocked on my door to deliver the news no mother should ever hear. They had found my beautiful Megan as an angel.”
On April 10, 2025, law enforcement discovered Megan’s partially decomposed body in a garbage can behind a home in Waukegan. The suspect in the case, Jose Luis Mendoza-Gonzalez, admitted to finding Megan unresponsive in his home, smashing her phone, wrapping her in a blanket and keeping her in his basement for two days before moving her body to a bleach-filled garbage can in his backyard.
Yet despite this horrifying sequence of events, Mendoza-Gonzalez was arrested on April 12, 2025, only to be released within 24 hours due to provisions in the SAFE-T Act that prevent judges from keeping suspects in custody without cash bail, unless they are charged with certain crimes. Given all of Mendoza-Gonzalez’s charges are Class 4 felonies, the judge had no ability to keep him detained or use electronic monitoring.
“This is not justice. And it sure as hell is not safe,” said State Representative Tom Weber (R-Fox Lake). “Imagine your child suffered this fate - imagine the heartbreak, the agony, and then learning that the person responsible was let out of jail without electronic monitoring.”
In response to the mounting failures of the SAFE-T Act, House Republicans have introduced a package of three bills designed to restore judicial discretion, strengthen accountability, and protect victims:
- HB 1482: Expands the detention net to include all felony offenses.
- HB 1483: Deals with violations of release and how judges can handle defendants who fail to appear while on pretrial release.
- HB 1479: Allows judges to revoke pretrial release when the defendant violates the terms of the release.
The SAFE-T Act, as it stands, is broken, and House Republicans are determined to right its wrongs. The question remains: will Democrats join them in restoring safety in Illinois?