On the evening of Thursday, October 24, the Grundy County Sheriff’s Office pursued and arrested two individuals found in possession of 3 kilograms (6.9 pounds) of fentanyl. Following the arrest, Grundy County officials were required by the SAFE-T Act to hold a Pre-Trial Release Hearing within 48 hours.
Before the hearing, Grundy County officials confirmed that both suspects were Honduran nationals, with one having an Immigration Detainer Warrant from the U.S. Department of Homeland Security. At the hearing, the local State’s Attorney requested detention for both suspects due to the severity of the charges. The court granted one detention request based on the outstanding warrant and criminal history. The other suspect was released because no records of criminal history were available during the 48-hour hearing window required by the SAFE-T Act. After the hearing was over, Grundy County officials were informed by California authorities that the released 18-year-old suspect had a juvenile record, which could have led to his detention if the information was available sooner.
In light of this incident, State Senator Sue Rezin (R-Morris) and Grundy County Sheriff Ken Briley are calling for reforms to the SAFE-T Act, including the current 48-hour Pre-Trial Release Hearing requirement. Additionally, Senator Rezin is exploring legislation that would stipulate that Class X felony charges related to the possession of fentanyl are presumed to be detainable under the SAFE-T Act, putting the burden of pre-trial release on the defendant instead of the State’s Attorney and Judge.
“According to the DEA, the amount of fentanyl seized in this arrest is enough to kill 1.5 million people. This terrifying statistic underscores the real dangers that our communities face from this trafficked poison,” said Senator Rezin. “The pre-trial release of this suspect highlights the critical gaps that remain in the SAFE-T Act that must be addressed to ensure our local law enforcement and judicial system have all of the tools they need to protect the public.”
“This incident shows the urgent need to give law enforcement and State’s Attorneys the time necessary to gather all of the relevant information before pre-trial release decisions are made,” said Sheriff Briley. “The current requirements under the SAFE-T Act limit our ability to fully assess a suspect’s background, which opens the door for the release of potentially dangerous individuals. Allowing more time would ensure that we have the evidence needed to make informed and responsible decisions that protect our communities.”
Senator Rezin and Sheriff Briley’s proposed reforms aim to enhance community safety and equip law enforcement with the authority and time they need to make informed pre-trial detention decisions.