From the State’s Attorney:
STATE’S ATTORNEY RAISES CONCERNS AS 12-TIME REPEAT FELONY THEFT OFFENDER RELEASED UNDER SAFE-T ACT
McHenry County State’s Attorney Randi Freese announced today that Jordan Pena, 32, of Crystal Lake, Illinois, was released from custody following his appearance in Initial Appearance Court on April 16, 2026.
Pena appeared after being served with arrest warrants for two additional felony theft offenses committed in McHenry County.
These charges bring the total number of felony theft cases filed against Pena to twelve since July 2025.
Pena appeared after being served with arrest warrants for two additional felony theft offenses committed in McHenry County.
These charges bring the total number of felony theft cases filed against Pena to twelve since July 2025.
Pena was previously convicted of felony retail theft in McHenry County on December 23, 2025, and again in Kane County on January 22, 2026.
Since his January conviction, ten new felony theft cases have been filed against him across five counties: Lake, Winnebago, Cook, Kane, and McHenry.
Prior to this recent pattern of offenses, Pena was arrested thirteen times between 2014 and 2022 and was convicted in each case, including two felony convictions.
Despite this extensive and ongoing pattern of criminal conduct, prosecutors were legally prohibited from seeking pretrial detention in this matter. Under current law, the Court likewise lacked the authority to order detention.
The SAFE-T Act does not permit prosecutors to request detention, nor judges to consider it, for offenses such as felony theft and burglary.
As a result, neither Pena’s four prior felony convictions nor his ten pending felony cases qualified him for pretrial detention under the statute.
“It is absurd that this man is required to be let free into our community. This case highlights a serious gap in our current law,” said State’s Attorney Freese. “An individual with a demonstrated pattern of repeated felony conduct, spanning multiple jurisdictions, is not eligible for pretrial detention under the SAFE-T Act.
Our office remains committed to protecting public safety, but the limitations of the statute in cases like this are clear and concerning.”
Pena’s next court appearance is scheduled for May 14, 2026.
Members of the public are reminded that this complaint contains only charges and is not proof of the defendant’s guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his or her guilt beyond a reasonable doubt.
