Judge grants request to detain man in Madison County’s first detention hearing under SAFE-T Act

Matthew S. Kelly is charged with aggravated stalking and criminal damage to property.
Matthew S. Kelly is charged with aggravated stalking and criminal damage to property.(Madison County Sheriff's Office)
Published: Sep. 19, 2023 at 4:18 PM CDT
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EDWARDSVILLE, Ill. (KMOV) -- A judge has granted prosecutors’ request to detain a Swansea man accused of aggravated stalking in Madison County’s first detention hearing under the SAFE-T Act.

Matthew S. Kelly, 34, is charged with aggravated stalking and criminal damage to property. He allegedly repeatedly contacted a person who has a protective order against him. He is also accused of spray painting a woman’s vehicle, slashing her tires and putting a tracking device on her car.

At a Tuesday hearing, Associate Judge Ryan Jumper granted a petition by Madison County State’s Attorney Tom Haine for Kelly to be held while awaiting trial. The petition argued that aggravated stalking was an offense that allowed for a suspect to be held while awaiting trial. The defense had reportedly asked for Kelly to be released or placed on electronic monitoring.

Under the SAFE-T Act, cash bail was eliminated for individuals jailed for suspected crimes, allowing a judge to determine if the suspect can be released under pre-trial conditions. Under the new law, police must issue citations for suspects accused of low-level misdemeanors. Those individuals will be given a court date and released.

The following offenses will likely keep a suspected offender behind bars: domestic battery, stalking, predatory criminal sexual assault, violations of order of protection, most gun charges and murder.