11/07/2024 | News release | Distributed by Public on 11/07/2024 14:25
In a case that has shocked many in Grundy County, local authorities recently arrested two Honduran nationals found in possession of 3 kilograms of fentanyl-an amount so deadly it could kill 1.5 million people. Yet, within 48 hours of the arrest, one of the suspects walked free, leading to urgent calls from lawmakers to change state law to keep communities safe.
The arrests immediately triggered a pre-trial release hearing, mandated to occur within 48 hours under the SAFE-T Act. During the hearing, the Grundy County State's Attorney sought to detain both suspects due to the severity of the charges. While one suspect was held due to an Immigration Detainer Warrant, the other individual was released because officials were unable to access his criminal history within the narrow 48-hour window.
Shortly after the man's release, authorities in California informed Grundy County officials that the released suspect had a juvenile criminal record. Had this information been available during the hearing, it could have strengthened the case for detention. This delay in obtaining critical background information has raised concerns about weaknesses in the SAFE-T Act, which critics argue limits the time law enforcement and prosecutors have to gather necessary evidence before making release decisions.
Now, lawmakers are pushing to change the SAFE-T Act, specifically targeting the 48-hour pre-trial release hearing requirement. Among the legislative changes under consideration is a proposal to classify Class X felony fentanyl charges as detainable by default, shifting the responsibility onto defendants to prove their eligibility for pre-trial release, rather than placing the burden on the State's Attorney or judge.