{"id":31957,"date":"2022-05-21T05:16:23","date_gmt":"2022-05-21T05:16:23","guid":{"rendered":"https:\/\/cjstudents.com\/?p=31957"},"modified":"2022-05-21T05:16:23","modified_gmt":"2022-05-21T05:16:23","slug":"illinois-year-old-criminal-justice-reform-act-continues-to-evolve","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/05\/21\/illinois-year-old-criminal-justice-reform-act-continues-to-evolve\/","title":{"rendered":"Illinois’ year-old criminal justice reform act continues to evolve"},"content":{"rendered":"

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SPRINGFIELD \u2014 Rising crime and a landmark criminal justice reform passed in 2021 have become dominant topics for Republicans trying to loosen Democrats\u2019 hold on state government amid a campaign season in which every constitutional office and seat in the Illinois General Assembly will be up for vote.<\/p>\n

The Safety, Accountability, Fairness and Equity-Today Act\u00a0\u2014\u00a0known as the SAFE-T Act \u2014 passed with the backing of the Illinois Legislative Black Caucus in the early hours of Jan. 13, 2021. The measure abolishes cash bail beginning in January 2023; reforms police training, certification and use-of-force standards; expands detainee rights; and requires body cameras at all departments by 2025.<\/p>\n

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Since its passage, the measure has been amended twice to accommodate concerns of law enforcement groups, pushing back certain effective dates and changing some of the initial use-of-force language.<\/p>\n

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Proponents say the reform is a step toward making the justice system equitable and fair for Black, Latino and minority communities. Rep. Kam Buckner, D-Chicago,\u00a0House chair of the Illinois Legislative Black Caucus, described the SAFE-T Act was the \u201cfirst stab\u201d at addressing public safety issues and police distrust in minority communities.\u00a0<\/p>\n

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\u201cThere is no such thing as perfect legislation,” Buckner said. “But I think all legislation can be perfected if it\u2019s handled the right way.”<\/p>\n

Republicans have referred to the bill as a \u201cde facto defund the police bill\u201d because of its added training and equipment requirements, even though it doesn\u2019t directly affect law enforcement funding.<\/p>\n

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The measure passed on razor-thin majorities in the lame duck session of 2021, which led to a brief effort by Republican superminorities to repeal the act that ultimately fell flat.<\/p>\n

Law enforcement groups have since softened their opposition to the bill amid the two follow-up proposals.<\/p>\n

\u201cLet me make it clear to you that the Illinois Association of Chiefs of Police is not against the SAFE-T Act (because) we have put countless hours in collaborating with elected officials,\u201d Hazel Crest Police Chief Mitchell Davis said at a news conference earlier this year.<\/p>\n

Davis was president of the Illinois Association of Chiefs of Police during the bill\u2019s passage. Ed Wojcicki, the group’s executive director, said the \u201cship has sailed\u201d on a full repeal of SAFE-T, although discussions on fine-tuning the law continue.<\/p>\n

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\u201cWe\u2019re perfectly fine with saying hold us more accountable, make us be transparent, require more training,\u201d Wojcicki said. \u201cWe just tried to educate the legislature that what they wrote down in the law was very difficult to implement on the street.\u201d \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0<\/p>\n

\nCash bail<\/h2>\n

One of the more controversial provisions of the bill abolishes cash bail in Illinois and replaces it with a system that will prioritize the severity of an offense, the risk of not appearing for court and the threat and danger the individual poses to another person or the community if they were to be released.<\/p>\n

The provision does not go into effect until Jan. 1, 2023, but opponents claim it will allow \u201cdangerous and violent criminals\u201d back on the street, tying the hands of prosecutors who seek to keep the accused individuals incarcerated before a conviction.<\/p>\n

State Rep. Justin Slaughter, D-Chicago, carried the SAFE-T Act in 2021. In April, he accused Republicans of a \u201cbad stench of racism\u201d in their opposition to the reform. He\u00a0said the current system of cash bail has an \u201cadverse impact on those that don\u2019t have the money,\u201d and eliminating cash bail will make it more difficult for violent offenders to be released compared to lower level, nonviolent offenders.<\/p>\n

\u201cIf this is a violent, dangerous offense, we certainly want to hold offenders accountable but at the same time, we want to have an understanding of the root causes of crime and violence,\u201d Slaughter said.<\/p>\n

But Republicans, and some state\u2019s attorneys, have argued the opposite may be true.<\/p>\n

James Glasgow, a Democratic Will County state\u2019s attorney, said the SAFE-T Act requires a higher burden of proof to detain accused violent criminals until trial. The act\u00a0states all defendants \u201cshall be presumed eligible\u201d for pretrial release unless prosecutors present \u201cclear and convincing\u201d evidence to deny the suspect pretrial release. That includes proof a suspect committed the crime and poses a threat to the physical safety of a \u201cspecific, identifiable\u201d person.<\/p>\n

Prosecutors must submit a request for detention if the offender poses a threat to public safety of an individual or community. The state also must provide each suspect a hearing within 48 hours to determine if the suspect should be released.<\/p>\n

Glasgow said that time limit makes it nearly impossible to provide evidence needed to review body and surveillance cameras and have crime labs process evidence. \u00a0<\/p>\n

\u201cI\u2019m not against no bail for nonviolent crimes,\u201d Glasgow said. \u201cBut when it\u2019s protecting the health, safety and welfare of the law-abiding citizens, we have to be able to do that.\u201d\u00a0<\/p>\n

State Sen. John Curran, R-Downers Grove, a former prosecutor, said that instead of eliminating cash bail altogether in Illinois he would prefer New Jersey’s model permitting cash bail in narrow circumstances.<\/p>\n

Curran said such a system would ensure individuals who are threats to the safety of communities are being held.<\/p>\n

\nDetainee rights<\/h2>\n

The SAFE-T Act also establishes the right for an individual in police custody, or who is moved from one place of detention to another, to make three phone calls within three hours after arriving at the new place of custody.<\/p>\n

During floor debate on one of the follow-up SAFET-T measures, Minority Leader Jim Durkin, a former prosecutor from Western Springs, raised concerns that the three phone calls would allow an offender to call a victim and \u201cscare the hell out of them\u201d to prevent the victim from pressing charges. Without restrictions, it could lead to witness tampering and intimidation, particularly in domestic violence situations, he said.<\/p>\n

The bill states only calls made to a public defender or other attorney can\u2019t be \u201cmonitored, eavesdropped upon, or recorded.\u201d<\/p>\n

Slaughter said elected officials can\u2019t dictate who an individual can call but they can ensure detainees have access to communication when in custody.<\/p>\n

\u201cPeople need to know what\u2019s happening and that you are moving from one place to another and that you get access to communication,\u201d he said.<\/p>\n

A record of phone calls made when an individual is in custody must be maintained. If no calls are made, the detainee must give a written statement as to why they made none.<\/p>\n

The three-hour requirement for the calls does not apply when an individual is asleep, unconscious or not complying with officers; police must document the noncompliance.<\/p>\n

\nCertification standards<\/h2>\n

The SAFE-T Act overhauls the police certification and decertification process, providing more power to the Illinois Law Enforcement Training and Standards Board (ILETSB) which oversees training and grant programs for law enforcement and correctional officers throughout the state.<\/p>\n

Follow-up legislation pushed back the effective dates for the police certification and decertification system from Jan 1, 2022, to July 1, 2022.<\/p>\n

The SAFE-T Act creates a certification system placing law enforcement officers into three categories: active, inactive and decertified. Those with active certification can be legally employed at any Illinois agency in a law enforcement capacity.<\/p>\n

The provision provides ILETSB more discretionary authority to decertify officers for unethical or unprofessional conduct that would not rise to the level of felony. Law enforcement agencies will be required to hire only certified officers.<\/p>\n

Slaughter said that, before the SAFE-T Act, decertification in Illinois severely lagged compared to other states and the state is \u201ctrying to play catch up.\u201d<\/p>\n