(The Center Square) – As Illinois cities grapple with people experiencing homelessness, some law enforcement agencies are concerned with how the state’s SAFE-T act will impact their ability to address trespassers.
During Tuesday’s Springfield City Council meeting, alderman discussed the issue of addressing the growing problem of homelessness. One question raised was how to deal with some of the homeless population trespassing in abandoned buildings.
Springfield Police Chief Ken Scarlette warned that police can only do so much when someone trespasses.
“That’s a misdemeanor. Someone could be arrested, taken to the county, they’ll be booked and released within minutes and back out,” Scarlette said. “The Pretrial Fairness Act is forthcoming as well and that potentially could create some more issues when it comes to some of that stuff in that bill.”
After the Illinois Supreme Court upheld the SAFE-T Act’s no cash bail provision, it set an implementation date of Sept. 18. The measure was challenged by state’s attorneys across Illinois who argued the measure violated the state Constitution’s bail provision. The Supreme Court said the measure didn’t and sided with proponents of ending cash bail statewide, making Illinois the first state with such a policy.
Those arrested for trespassing could quickly end up back on the street, Scarlette reiterated.
“And that’s a vicious cycle that I think is only going to get worse, to be honest with you,” he said.
Gov. J.B. Pritzker disagreed with that characterization of the law.
“He’s wrong and let’s be clear that was amended in the SAFE-T Act along the way,” Pritzker said at an unrelated event in Springfield Wednesday.
After law enforcement raised concerns last year about the trespass provision originally passed in the SAFE-T Act, the measure was modified to allow someone to be arrested for trespassing, but only after first being issued a citation. Pritzker said that’s sufficient.
“There’s no distance between you’ve been asked to leave and the person refusing to leave and the police officer having the obligation to arrest the person if the person is in fact refusing to leave the property,” Pritzker said.
As amended, the SAFE-T Act states that a ticket must first be issued unless an officer believes a suspect is a threat to the community or a person to which an arrest can be made after the issuance of a citation. Police can also make an arrest if the suspect is believed to have a medical or mental health issue causing safety concerns.
