New York, NY criminal defense attorney Gal Pissetzky talks about the newly enacted Illinois SAFE-T Act and people who are still in custody under the old law. Individuals currently in custody, including clients or defendants, are facing charges that render them eligible for detention, particularly for crimes like forcible felonies and sex offenses. The likelihood of a judge releasing someone held without bond, especially if detained under the old statute, is minimal under the new statute.

Considerations that judges take into account when determining the imposition of cash bonds exhibit similarities between the old and new Bond statutes. Factors such as assessing flight risk and evaluating the potential danger to the community remain integral to the judge’s decision-making process. Unfortunately, if a judge has previously decided that an individual is ineligible for bond under the old statute and has been holding them without bond, the chances of the judge granting bond or pre-trial release under the new statute are minimal.