Senate Democrats make social justice reform and criminal justice reform top priority

Thousands of police body cameras will hit the streets in the new year under major reforms sponsored by Senate Democrats in an effort to increase public accountability and confidence in the wake of scandals and unrest.

The new law, Senate Bill 1304, takes effect Jan. 1 and sets the official parameters for the use of police body cameras, increases training and reporting requirements for officers and clarifies the public’s right to access the videos. It is one of several key criminal and social justice reforms enacted by Senate Democrats in 2015, covering everything from protecting students’ educational rights to common-sense consumer laws aiding women trying to escape domestic violence.

“We’ve made great strides this year in defending the public’s right to be properly protected, with justice for all,” said State Senator Kwame Raoul, a Hyde Park Democrat who emerged as one of the state’s leading reform advocates.

Body cam laws have drawn the most attention, and recent events illustrate the power of such videos, or the lack of them.

For instance, the release of a more than year-old police dash cam video of a Chicago officer shooting a 17-year-old clearly contradicted the official report, prompting a federal investigation, murder charges against the officer and the dismissal of Chicago’s top cop.

Before that, the state was rocked by the apparent murder of a “hero” officer in Fox Lake. A massive manhunt for the killers ensued before it was determined the officer killed himself and staged it to look like a murder to cover up his own crimes. Had the department utilized body cams, the truth might have been determined much sooner.

Other key policing reforms from the Capitol this year include:
• Prohibiting the use of chokeholds
• Requiring independent investigations when officers kill someone
• Increased training requirements concerning the proper use of force and how to interact with victims and people with disabilities
• Creating a statewide database of officers dismissed due to misconduct

Student rights
A new state law hitting the books requires schools across the state to overhaul their suspension and expulsion policies in an effort to make sure schools aren’t trying to solve problems by getting rid of them. School records show that minorities and economically at-risk students are removed from the educational setting at exceedingly disproportionate rates, which leads to students falling behind.
“In many cases, these are students who need an education the most. A strong education is the only chance they have at improving their lives. Cancelling a child’s opportunity to learn should be a last resort, not the automatic response,” said State Senator Kimberly A. Lightford, who led the reform efforts.

Under SB 100, out-of-school suspensions longer than 3 days, expulsions and disciplinary removals to alternative schools are reserved for situations when a student’s presence is a safety threat or substantially disrupts the learning environment.

Schools are required to have new policies in place by Sept. 15, 2016.

Protecting women
Too often, women escaping violent relationships flee with next to nothing. Trying to start over with few financial resources is all but impossible. A new state law seeks to help by directing power companies and other utilities to waive deposit fees for 60 days for victims of domestic violence who flee their abusers.

The law, SB 1645, takes effect Jan. 1, 2016.

“Giving victims additional time to get their financial affairs in order removes one of the largest hurdles from them moving out on their own. Hopefully, now these victims will be able to move to a safe place faster than ever before,” said State Senator Steve Stadelman, who sponsored the legislation.

Other social and criminal justice reform laws approved in 2015 covered a wide range of concerns:
• The elimination of mandatory life sentences without parole for juveniles, pursuant to the U.S. Supreme Court decision in Miller v. Alabama
• Adding a list of factors that must be considered in sentencing juveniles, including the juvenile’s background and level of maturity (HB 2471)
• Expansion of the list of offenders who can petition the court to remove employment barriers if they can show rehabilitation and good conduct (SB 706)
• Requiring law enforcement to notify arrested foreign nationals of their right to have their consular officials notified (HB 1337)
• Raising the age by which minors who have committed the most serious crimes may be tried as an adult from 15 to 16 (HB 3718)
• Changing limits on prison sentences and who can be charged as a juvenile (SB 1560)
• Allowing being a victim of domestic violence to be a mitigating factor at sentencing (SB 209)
• Requiring the Department of Corrections to allow (and assist) inmates to apply for Medicaid coverage within 45 days of discharge (HB 3270)
• Modernizing the definition of sexual orientation in three anti-hate crime law to include actual or perceived heterosexuality, homosexuality and bisexuality, as well as gender-related identity (HB 3930)
• Allowing the statute of limitations time period to pause when sexual assault evidence is being collected, submitted and analyzed (HB 0369)
• Authorizing a harsher sentence for a person convicted of a sexual crime against a person with a developmental disability or a person who was legally or professionally under their care (SB 207)
• Creating an affirmative defense to prostitution for victims of human trafficking; establishing several other new rules to help victims of trafficking in the court process (SB 1588)
• Allowing a court to use a service dog when taking testimony from a minor or person with a developmental disability in a sex offense case (SB 1389)

Illinois Legislative Black Caucus details how budget disproportionately affects black community

On Monday, the Illinois Legislative Black Caucus discussed a telling report detailing how the budget impasse is disproportionately affecting the black community. African-Americans make up nearly 15 percent of the population, yet 30 percent live in poverty.
There are four areas of interest that have the greatest impact on the most vulnerable populations in the black community: a lack of early childhood education, violence, lost MAP grant funding and senior concerns. These issues concentrate economic loss directly in communities where black people reside.

“The media constantly reports on how young black men and women are killed in Chicago almost daily, and that is extremely alarming,” said Illinois Legislative Black Caucus Chair Kimberly A. Lightford. “Perhaps if we were funding violence prevention and after-school programs at an adequate level, then our children would have an alternative to the streets.”

The report outlines how the budget impasse is positioning the next generation of leaders for failure. Without funding for MAP grants, thousands of first-generation African-American students won’t have an opportunity to attend or continue their education.

“Minority students are disproportionately low-income,” Representative Will Davis said. “MAP grants help close the achievement gap between low-income black and white students.”

During the press conference, Black Caucus members called on the governor to stop forcing his extreme political ideology on the most vulnerable in our community.

“If the governor’s aim is to make Illinois more appealing to businesses, allowing our credit rating to sink isn’t exactly the most attractive selling point,” said state senator Toi Hutchinson (D-Olympia Fields).

Attached is the released report detailing in what ways African-Americans are adversely affected by the state’s budget impasse.

Community Opportunity

Good work to free local dollars, but more work to be done

Monday, I voted to free up $3.1 billion in spending to sustain local communities, including crucial motor fuel tax revenue, which has been held up by the budget impasse in Springfield. My colleagues and I proved our resolve to make sure families and local governments have the money to continue functioning without a true budget in place.

Now, we must shift our focus to what remains to be budgeted, prioritizing higher education and critical community services, such as mental health and homeless programs. We have more work to do.

The legislation releases motor fuel tax revenue for communities throughout Cook County – communities such as Bellwood, Maywood, North Riverside, Westchester, Oak Park and River Forest – that can be used to prepare for winter storms and repair potholes. The exact dollar amount of how much communities are owed this year has not yet been released, but communities throughout Cook County received nearly $100 million in gas tax money last year.

Though, other areas of concern that have yet to be dealt with in the piecemeal budget process include MAP grant funding and other scholarships, services for rape victims, addiction treatment, immigrant language translation services, Teen Reach, epilepsy services and respite care.

Although we are taking important steps for local communities, thousands of families are still going without the services and resources they need.

Still, the legislation (SB 2039), which now goes to the governor’s desk for final approval, does include the following components.

• $582.5 million to IDOT for local governments share of motor fuel gas tax revenues

• $77 million for 911-related costs

• $1 billion to the Lottery for prizes

• $43 million to the Community College Board for career and technical education activities

• $31 million to IDOT to purchase road salt

• $2.5 million for breast cancer services and research

• $165 million for home heating bill assistance

Read the legislation in its entirety. Get more information at illinoissenatedemocrats.com.