Illinois’ new criminal reform law, the SAFE-T Act, was signed into law on February 22, 2021. The controversial law is some of the most sweeping criminal justice reform we have seen in the United States. In addition to requiring all police officers to use body cameras, the law also limits police officers’ use of force and deadly force. Furthermore, it increases requirements for police officer training and the penalties for police officers who do not comply with the law. Additionally, the new law imposes significant prison and sentencing reforms.
Reporting for Inmates Who Have Died in Prison
The new law creates a process to investigate reports of inmates dying in correctional facilities due to police officers’ use of force. Now, correctional facilities must submit a report to the Illinois Criminal Justice Information Authority (ICJIA). In addition, the law includes requirements that the ICJIA post information to a website every quarter and issue a public report. These new requirements may result in more police officers being charged with crimes for police misconduct.
Sentence Credit Changes
The SAFE-T Act Allows the Illinois Department of Corrections director to award up to 180 days of earned sentence credits for prisoners who served a prison sentence of less than five years. Prisoners who served a sentence of five years or longer can earn 365 days of sentence credit. Before this law was passed, prisoners could only receive up to 180 days of earned sentence credit for any sentence term. Additionally, prisoners can earn sentence credits for participating in specific programs such as:
- Substance abuse programs
- Correctional industry assignments
- Educational programs
- Work release programs
- Behavior modification programs
- Life skills programs
- Reentry planning
- Self-improvement programs
- Volunteer work
- Work assignments
- Obtaining an associate’s degree while in custody
Amends the Definition of Habitual Criminal
The new law amends the definition of a habitual criminal. It adds that a defendant’s first offense must have been committed when he or she was 21 or older. It also adds the word forcible to a provision that states when a defendant is over 21 years and convicted of a class one or class two forcible felony after two prior convictions, the defendant shall be sentenced as a Class X offender.
Illinois’ Felony-Murder Law
The SAFE-T Act amends the Criminal Code of 2012 by clarifying that for a prosecutor to charge someone with first-degree murder for committing a forcible felony, the person or another participant acting with them must have caused the victim’s death. This change does not apply to a second-degree murder charge in which another person dies.
Limited Restriction for Programs for Those With a Felony Background
Finally, the law requires that convictions entered before the law passed for certain types of drug offenses should be considered a Class A misdemeanor for programs in jail. As a result, more inmates will participate in programs for qualified probation, impact incarceration, and other divergences.
Contact a Schaumburg Criminal Defense Lawyer Today
At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. For example, you can see defense attorney Thomas Glasgow on local Chicago news when he fought to get a former police officer’s conviction vacated. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights.