A 70-year-old Deerfield man is accused of propositioning a 17-year-old girl for sex while she pumped gas on West North Avenue in Elmhurst.

Janeiro Green, of the 1100 block of Lake Cook Road, faces one count of solicitation of a sexual act of a minor, according to a DuPage County State's Attorney's Office news release reported by Shaw Local. Green was arrested Sunday, Aug. 30, but released under the Illinois SAFE-T Act because the charge is classified as non-detainable.

His release prompted DuPage County State's Attorney Robert Berlin to call on the Illinois General Assembly to give judges more discretion in deciding whether a defendant poses a danger to the community.

What police say happened

Elmhurst officers responded about 10:40 a.m. Aug. 30 to a report of an unwelcome man near a gas station in the 600 block of West North Avenue, according to the release.

The girl told police she was pumping gas when Green allegedly approached her, used vulgar language to tell her he wanted to have sex with her and offered to pay her. He continued talking about sex before the girl ended the conversation by telling him she had to go to work, the release stated.

Green then gave the girl his name, phone number and email address, according to the release.

While officers spoke with the girl at the scene, they spotted a commotion at a store across the street involving Green. They waved him over. He was arrested without incident.

Released under the SAFE-T Act

Because solicitation of a sexual act of a minor is not listed as a detainable sex offense under the SAFE-T Act, Green was released from custody. His release conditions include no contact with the victim or anyone under 18.

Berlin said in the release that the charge is specifically omitted as a detainable sex offense under the act. Unless there is a threat of great bodily harm, permanent disability or disfigurement, a judge cannot hold a defendant on this charge. Berlin called on state lawmakers to strengthen the law by expanding judicial discretion over detention decisions.

Officials respond

Elmhurst Police Chief Michael McLean said in the release that the girl and her mother showed courage in promptly reporting the incident. Berlin commended the girl for bringing the matter to authorities and said he was thankful she was not physically harmed.

What's next

Green's next court appearance is scheduled for Sept. 28. His release conditions bar contact with the victim or anyone under 18.