Since its implementation into law two-and-a-half years ago, DuPage County State’s Attorney Bob Berlin said he has been calling for amendments to the Illinois Pretrial Fairness Act, which is a part of the broader SAFE-T Act.
Berlin renewed his call for reforms recently, citing the recent death of a Villa Park woman by strangulation.
Current provisions in law allowed suspect to remain free
The recent incident Berlin highlighted involved Estefania Abril-Hernandez, who was found dead in her Villa Park home by DuPage County Sheriff’s deputies at 3:49 a.m. Thursday, March 19, after having been reported missing the prior evening by her family.
Abril-Hernandez is believed to have died by strangulation; she was found with a vacuum power cord wrapped tightly around her neck nine times.
Abril-Hernandez’s estranged husband, Brian Hernandez, of Oak Forest, is suspected of the murder. Police found him in possession of Abril-Hernandez’s vehicle and cell phone prior to locating Abril-Hernandez.
While discussing the incident at a DuPage County Board meeting Tuesday, April 14, Berlin outlined Hernandez’s history of violent behavior, which included alleged interference in past domestic violence incidents with Abril-Hernandez.
One particular incident involved Hernandez allegedly hanging up on 911 operators as Abril-Hernandez initially called the emergency number.
Speaking specifically to the 911 hang-up, Berlin indicated Hernandez was released on a recognizance bond, since interfering with a domestic violence report is not a detainable offense under the current provisions within the Illinois Pretrial Fairness Act.
“It is my belief that had interfering with a report of domestic violence been a detainable offense, there is a very good chance — based on the defendant’s history — that he would have been detained, and the victim would have still been alive today,” Berlin said.
Berlin describes ‘loopholes’ in discussion with DuPage County Board
At the recent board meeting, Berlin reported he is one of three Illinois state’s attorneys seeking changes to the act.
“We were able to accomplish a lot, but, unfortunately, judges do not have discretion in every single case,” Berlin said. “There are still crimes that are non-detainable, and that is something that I have been trying to change.”
Throughout the board discussion, Berlin described “loopholes” in the act as written that allow suspects such as Hernandez to be free in Illinois amid certain domestic violence-related incidents.
Berlin cited current state law within New Jersey as a model Illinois could adopt to ensure people deemed a threat to a victim or the community-at-large can remain in custody during the pretrial phase.
“I urge this board to support my efforts in that regard,” Berlin said in his appeal to the elected body at the recent meeting. “It is a reasonable request of the General Assembly.”
DuPage County Board members weigh in, signaling support
While no official directive has taken place, a number of members on the DuPage County Board said, at face value, they would support a resolution that puts the elected body on record in support of further reforms to the legislation.
Board member Grant Eckhoff of District 4 said he was in agreement with Berlin’s calls for changes to the Illinois Pretrial Fairness Act and thanked him for prior advocacy as the SAFE-T Act was drafted before its adoption into law in 2023.
“To me, these are holes that existed in the SAFE-T Act at the time it was first enacted,” Eckhoff said. “If it wasn’t for your efforts, there would be a lot more holes.”
Fellow District 3 board member Lucy Chang Evans also cited perceived flaws with the current legislation.
“I would say that interfering with a 911 call is a violent offense,” Chang Evans said. “If I were trying to call 911, and my husband — or, whatever, my partner — took my phone away or hung up the phone, that just seems like that would be an act of violence and therefore detainable. So I’m wondering if there’s space in this argument to put that in a category of violence versus something that’s non-detainable.”
Berlin described his desired change in the act as “judicial discretion.” As a starting point, County Board Chair Deborah Conroy suggested local officials advocate for a narrower, more specific change. She indicated a wholesale change in judicial discretion within the act “may be too heavy of a lift” in requests to the General Assembly.
“Perhaps we should come up with an amendment that reclassifies domestic violence and the ability to detain folks under domestic violence,” Conroy said. “Instead of going for the whole apple, let’s go for what we maybe can get done and actually save some lives at this point in time.”
Board member Dawn DeSart of District 5 asked Berlin about the depths of his conversations with the General Assembly, to which he replied any attempts at moving the needle on legislative changes have been “unsuccessful.”
“We need to make it successful,” DeSart said, in response.
DeSart is chair of the county’s Legislative Committee. Based on the preliminary conversations, DeSart indicated she will work with Berlin and draft a resolution to send to Springfield, outlining desired changes to the act. It will return to the full county board at an upcoming meeting.
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