People v. Russell, 2023 IL App (4th) 230918

Kaitlynn R. Russell was charged with several felony counts arising from the death of a two-year-old in her care, including child endangerment and reckless conduct.
The incident involved the child drowning in a bathtub while unsupervised by Russell, who delayed seeking medical assistance.
Russell had been held in custody since June 2022, with an initial bond set at $500,000.
In December 2022, Russell requested pretrial release under the new Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, arguing that her offenses were non-detainable and did not pose a risk justifying further detention.
The State opposed release, filing a petition asserting Russell posed a threat to children in the community if placed in a supervisory role.
The trial court denied pretrial release, finding by clear and convincing evidence that Russell posed a real and present danger that could not be mitigated by any condition of release, leading to this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of pretrial release and dangerousness	Russell poses a continuing threat to children, especially if allowed to supervise them; no condition could mitigate risk	No articulable threat to specific individuals or the community; any risk could be managed with conditions prohibiting child supervision	The circuit court abused its discretion; the State did not meet its burden—risk can be mitigated by reasonable conditions

Rowe v. Raoul, 2023 IL 129248 (Ill. 2023) (establishing effective date and interpretation of the SAFE-T Act)
People v. Inman, 2023 IL App (4th) 230864 (Ill. App. Ct. 2023) (articulating the standard of review for pretrial detention under the Act)