Capitol Fax.com - Your Illinois News Radar » Sheriff Dart pushes carjacking bill; State’s attorneys want changes to SAFE-T Act; Bill passes to allow DCFS workers to carry pepper spray
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Sheriff Dart pushes carjacking bill; State’s attorneys want changes to SAFE-T Act; Bill passes to allow DCFS workers to carry pepper spray

Thursday, Apr 7, 2022 - Posted by Rich Miller

* Sun-Times

The number of carjackings in and around the city has reached a “crisis point,” Cook County Sheriff Tom Dart said Wednesday, as he stood with state legislators who announced a plan to push carmakers to be a part of the remedy. […]

In 2021, there were about 2,100 carjackings in Cook County, mostly in the city, but there were fewer than 1,000 in New York and Los Angeles combined, he said. […]

State Rep. Martin Moylan, D-Des Plaines, and state Sen. Michael Hastings, D-Tinley Park, announced legislation Wednesday that would require automobile manufacturers to set up a 24-hour hotline that law enforcement can use to find stolen vehicles. Most vehicles built after 2015 have some kind of location device that can be accessed by the manufacturer, Dart said.

* ABC 7

Standing alongside state legislators in Springfield, Dart joined in the announcement of new legislation that would require auto manufacturers to share electronic tracking information with law enforcement agencies in real-time, by setting up a 24/7 hot line to facilitate the process.

“It’s important that we have technology so that law enforcement officials can track the carjackers that steal cars and go from point A from point B,” said State Sen. Mike Hastings, D-Frankfort, who introduced the bill. “And we want to make sure that law enforcement officials have all the tools necessary to attack this problem.”

Officials said that while some companies already cooperate with law enforcement when a vehicle is stolen or carjacked, others, despite months of talks, are still holding out.

* Center Square

Another aspect of the package included in House Bill 1103 expands the state’s expressway camera program to 21 counties and allows footage to be kept for six months and shared between police departments.

State Rep. Deanne Mazzochi, R-Elmhurst, highlighted what she said was the hypocrisy from Democrats on public safety, and said similar legislative efforts by her have been stymied by both House Democrats and the governor. Mazzochi said the fact that giving new authority to prosecute expressway shootings to the attorney general is an admission that Cook County State’s Attorney Kim Foxx is not doing an adequate job at it.

After Democrats passed the legislation, state Rep. Andrew Chesney, R-Freeport, accused Democrats of “political amnesia” in the wake of talk last year of defunding the police.

State Rep. Jehan Gordon-Booth, D-Peoria, said major police reform is a task for local governments rather than state and federal leaders.

“I’ve never subscribed to defund the police,” Gordon-Booth told The Center Square. “I certainly believe in communities demanding accountability specific to the issue of policing.”

* Press release…

With just days remaining in the spring legislative session, State Senator John Curran (R-Downers Grove) and State’s Attorneys Bob Berlin (R-DuPage County) and James Glasgow (D-Will County) are urging the Legislature to address major deficiencies within the SAFE-T Act that are set to take effect across Illinois on Jan. 1, 2023.

The SAFE-T Act was passed by the Illinois General Assembly during a lame duck session of the Legislature in 2021 despite opposition from nearly every law enforcement organization in the state, and despite ongoing warnings from prosecutors and law enforcement that the provisions will make communities less safe.

Sen. Curran joined a group of Senators and several state’s attorneys for a Capitol news conference on Wednesday, and said legislators cannot adjourn without fixing problematic provisions within the SAFE-T Act that will take effect before the next legislative session begins.

“As of January 1, we will see sweeping changes to our pre-trial detention system in Illinois,” said Sen. Curran. “These changes will have a significant negative impact on our communities and place public safety at risk. Concerns have been raised by the highest court in this state, by many state’s attorneys, by police chiefs and sheriffs throughout the state, and by many victims’ advocacy groups. There are very serious and real implications this dangerous law is going to have if we don’t address concerns regarding pre-trial detention and victims’ rights.”

While unable to attend the press conference, State’s Attorney Bob Berlin issued the following statement:

“On January 1, 2023, public safety will be severely compromised when the Pre-Trial Fairness Act, a weak, new law championed as progress and signed by the Governor on February 22, 2021, goes into effect. This new, self-contradicting law however, will make our communities more dangerous. It is inconsistent in its detention requirements and imposes additional burdens on judges throughout the State, making it extremely difficult for judges to order pre-trial detention on virtually any defendant. Additionally, failure to appear in court, even when a defendant is released for a violent crime, has now been reduced to a misdemeanor offense. I urge the General Assembly to fully consider the true consequences of the Pre-Trial Fairness Act and take the necessary steps to remedy these and other deficiencies in the Act thus ensuring safety, fairness and justice for not only those accused, but for all people throughout Illinois.”

Will County State’s Attorney James Glasgow also could not attend, but submitted the following statement:

“79 dangerous individuals charged with murder, along with more than 100 people charged with class X offenses, and currently housed in DuPage and Will Counties jails. All of these individuals could be released into our communities when this Act takes effect. Because the Act is so poorly written, it is impossible to predict whether the new pre-trial release provision will apply to these individuals and whether they will be back out on the streets after the Act is in effect. This includes the individual who was indicted for a carjacking that occurred in Chicago and fled to Will County where he is in custody on a $1 million dollar bond. If this Act is not significantly amended or repealed, our communities will be in grave danger.”

The Senate and House are scheduled to adjourn on Friday, April 8.

* Open letter…

To the Illinois General Assembly,

As leading anti-gender based violence advocates that worked extensively on the Pretrial Fairness Act, we are writing to refute the false claims made today in Springfield on behalf of victims about the statute that will take effect in 2023. When opponents of reform use misguided and incorrect information to challenge provisions in the Pretrial Fairness Act that safeguard survivors, they undermine the lived experience of survivors and advocates engaging with legal systems.

Below are the facts of the Act that will have the greatest impact on survivor safety:

The Pretrial Fairness Act does not compel survivors to come to court in order to prove that someone poses a threat to them.

    We never support legislation that forces survivors to testify in the immediate aftermath of harm in order to ensure their safety. There is nothing in the Pretrial Fairness Act that requires survivors to appear in court to make the case for pretrial detention. An investigating officer’s report or testimony is sufficient evidence for a judge to make a determination about whether someone should be released or detained while awaiting trial. The Pretrial Fairness Act actually increases protections for survivors in comparison to current law, requiring that defense attorneys get the court’s permission before requiring a witness to testify at a detention hearing1. No such protection exists now.

The Pretrial Fairness Act creates a process for deciding who remains in jail that leaves more room for prosecutors to work with survivors to make sure they are safe.

    Right now, pretrial detention decisions are made so quickly in bond hearings that they leave no room to consider survivors’ needs. In many cases, money bonds are set that allow someone who poses a danger to the person they have harmed to purchase their freedom. We have seen what happens when someone who is accused of domestic violence is able to bond out suddenly without any notification to the survivor. Under the Pretrial Fairness Act, safety alone will determine whether someone is released, not their access to money.

The Pretrial Fairness Act requires a minimum time in custody.

    Without notice of their abuser’s release, survivors are left on edge after a violent episode – unsure whether or not they will be contacted or their abuser will suddenly return. Thanks to the Pretrial Fairness Act, people accused of domestic violence can now be held for a minimum of 24 hours after their arrest for misdemeanor violations and 48 hours for felony offenses.

The Pretrial Fairness Act requires notification of court proceedings and release for survivors.

    With this new timeframe, prosecutors have time to contact victims and work with them to determine what safety measures need to be put in place to protect the victim. Victim notification procedures will also be implemented ensuring survivors are given notice if and when the person who hurt them will be released. Survivors will also have the ability to request orders of protection at every court date.

We drafted these provisions based on the needs we witnessed from people directly impacted by domestic and sexual violence. Money bond does not keep survivors of gender-based violence safe. The Pretrial Fairness Act will go a long way towards fixing the problems with our pretrial system and making sure that the safety of survivors is prioritized in our criminal justice system. The calls to roll it back are not based in truth, and doing so would perpetuate the immense harm experienced by survivors under the current system. We urge legislators to stand by these reforms so that Illinois can become a national model of a survivor-centered pretrial system.

Sincerely,

Amanda Pyron
Executive Director
The Network: Advocating Against Domestic Violence

Madeleine Behr
Policy Manager
Chicago Alliance Against Sexual Exploitation (CAASE)

* Press release…

In response to the dangers faced by frontline Department of Child and Family Services (DCFS) employees, including two high profile deaths in recent years, the Illinois General Assembly has passed new legislation to help those employees protect themselves in dangerous situations. The legislation was advanced by State Senator Steve McClure (R-Springfield), State Representative Sandy Hamilton (R-Springfield), and State Representative Tony McCombie (R-Savanna).

“Frontline DCFS workers serve the people of this state by protecting vulnerable children,” said Senator McClure. “In Illinois, it is legal for adults to carry pepper spray for personal protection, but DCFS workers have not had that ability while on the job. This will allow them to carry pepper spray for self-defense purposes and ensure that they know how to properly use it.”

Senate Bill 1486, originally filed by Senator McClure, would allow DCFS frontline workers to carry pepper spray for defensive purposes while investigating child abuse and neglect. The employees would be required to complete a training program from the Illinois State Police (ISP) on the proper use of pepper spray.

State Rep. Sandy Hamilton (R-Springfield) says the measure is meant as a first line of protection for case workers that find themselves in dangerous situations while on home visits.

“Allowing DCFS case workers to carry pepper spray is a commonsense step we can take as a legislature to show that we understand that these vital public service and child welfare employees are valued. We mourn the loss of Pam Knight and Diedre Silas, and we never want another DCFS case worker to die on the job while they are working to protect our most vulnerable children. I’m proud to have co-sponsored this critical public safety measure and to see it head to the governor’s desk.”

The legislation also requires DCFS to work with the ISP to identify a list of approved protection sprays. It also lays out guidelines for tracking the usage of such sprays by employees.

“I appreciate Sen. McClure’s leadership on this vital piece of legislation,” said Rep. McCombie. “Our front-line workers are put into compromising and unsafe situations almost every day. This tool and training will give them the resources they need to de-escalate intense situations, providing them the opportunity to escape imminent danger.”

The legislation was inspired by the murders of two DCFS investigators. Deidre Silas was stabbed to death in January at a home in Thayer during the course of a child welfare investigation. In February of 2018, Pamela Knight died in the hospital from injuries sustained during a brutal attack that occurred while she was trying to take a child into protective custody.

The legislation passed both the House and Senate with overwhelming support and is now headed to the Governor for his signature.

* Richard Irvin campaign…

Crime continues to spiral out of control under JB Pritzker as three different violent CTA assaults and robberies have been reported in the last three days. Despite daily reports of surging crime, Pritzker and his Democratic majority in Springfield have shown no signs of correcting their dangerous pro-crime anti-police policies that have helped contribute to high crime throughout the state.

Last month, the City of Chicago claimed it would boost the security presence on public transit as crime has continued to spike, but public safety concerns aren’t limited to public transit these days: Chicago police show a 43 percent increase in motor vehicle theft complaints this year compared to the same period in 2021.

“The rise in violent crime is a top concern for nearly every Illinois resident – except JB Pritzker who hasn’t made a serious effort to curb crime or increase public safety,” said Irvin for Illinois Spokesperson Eleni Demertzis. “Each day brings a new report of violent crime occurring under Pritzker’s leadership and Illinois families rightly fear crime will only get worse unless Pritzker’s pro-criminal, anti-police policies are repealed.”

       

16 Comments
  1. - Grandson of Man - Thursday, Apr 7, 22 @ 11:00 am:

    The “multiple jurisdictions” carjacking bill and other anti-crime bills are popping out of Senate committee now with nearly unanimous support.


  2. - Juvenal - Thursday, Apr 7, 22 @ 11:06 am:

    I don’t recall “the mayor of Illinois’ second largest city” opposing criminal justice reform when it was being proposed and debated in Springfield.

    Is there any record he contacted a legislator or filed a witness slip?


  3. - here we go - Thursday, Apr 7, 22 @ 11:10 am:

    Sheriff Tom Dart found a way to unite both moderates and progressives in Cook County behind his carjacking bill. If Republicans are serious about solving crime rather than grandstanding, they’ll get behind this and other measures.


  4. - Fav Human - Thursday, Apr 7, 22 @ 11:18 am:

    Jeff Ward on his blog has comments from Kane Co Sheriff Ron Hain. He mentions that Kane Co already had reforms doing much of what they wanted, BUT they didn’t listen to anyone in law enforcement.

    he specifically mentions problems with trespassers, as well as this quote:


    “It will also be much more difficult finding ‘exit pathways’ for non-violent offenders under the new cashless system because they won’t be held awaiting trial,” Ron added, “That means my office won’t have the opportunity to provide the kind of rehab and job programs that work to remove these individuals from what can become a vicious criminal justice system cycle.”

    A judge chimes in as well.


  5. - TheInvisibleMan - Thursday, Apr 7, 22 @ 11:24 am:

    “giving new authority to prosecute expressway shootings to the attorney general is an admission that”

    It’s an admission that there are current unnecessary walls between state and county enforcement, originally created in the legislation that authorized individual county SA offices in the first place.

    The current problem-of-the-day is just a symptom of this underlying structural cause.

    Fix this across the board in every county, not just a carve out for Cook county. And not just on Interstate highways.

    I’d much prefer having the state investigating the DUI caused by a police officer, that killed another police officer, on I-55 in Will County. The local SA office chosen special prosecutor seems intent on ‘accidentally’ torpedoing the case by procedural ‘errors’.

    Until we decide to get past this ‘protect my local friends by pulling the strings’ attitude that seems to be prevalent, local law enforcement activities in any part of the state should have the ability for complete oversight and even direction by a more independent agency - like the AG office. Not just on interstates.


  6. - Cheryl44 - Thursday, Apr 7, 22 @ 11:25 am:

    Richard Irvin’s base isn’t as large as he seems to think.


  7. - TheInvisibleMan - Thursday, Apr 7, 22 @ 11:32 am:

    “State Senator John Curran (R-Downers Grove) and State’s Attorneys Bob Berlin (R-DuPage County) and James Glasgow (D-Will County)”

    Glasgow is a D, in the same way Lipinski was.


  8. - Amalia - Thursday, Apr 7, 22 @ 11:40 am:

    Glasgow is someone the Democratic Party should embrace more.


  9. - TheInvisibleMan - Thursday, Apr 7, 22 @ 11:46 am:

    “should embrace more”

    Semaj Crosby


  10. - ;) - Thursday, Apr 7, 22 @ 12:00 pm:

    Hastings and Moylan are onto something with Sheriff Dart’s proposal. I would imagine more members on both sides would want to support something that is immediately actionable like this.


  11. - Thomas Paine - Thursday, Apr 7, 22 @ 12:38 pm:

    @Fav Human -

    There is zero reason that Kane County cannot offer someone rehab while they are awaiting trial.

    There is something wrong with America if you have to get arrested in order to get drug treatment.

    If all of the tax revenue that Kane County receives from cannabis sales cannot fund adequate drug treatment, perhaps Rep Kelly Cassidy ought to step in and show them where the money is.

    Seriously.


  12. - Lucky Pierre - Thursday, Apr 7, 22 @ 1:22 pm:

    If Democrats were serious about solving the carjacking epidemic instead of grandstanding and beating around the bush, they would propose serious consequences for the mostly juvenile offenders who have been terrorizing large areas of Chicago and the suburbs.


  13. - Lucky Pierre - Thursday, Apr 7, 22 @ 1:27 pm:

    If the legislature was serious about this issue they would repeal the 2016 law that made it difficult if not impossible to try 15-18 year olds as adults.

    https://www.cbsnews.com/amp/chicago/news/many-chicago-carjacking-arrests-involve-juveniles-are-penalties-sufficient-to-solve-problem/


  14. - Fav Human - Thursday, Apr 7, 22 @ 2:00 pm:

    There is zero reason that Kane County cannot offer someone rehab while they are awaiting trial.

    You would need to ask Sheriff Hain, but I think the point is that if they are in custody, they can get those services in jail.

    If they are out, they can be invited, but not made to come.


  15. - Rich Miller - Thursday, Apr 7, 22 @ 2:15 pm:

    ===they can be invited, but not made to come. ===

    What’s the difference? They can’t force rehab on someone who’s behind bars.


  16. - Deputy Sheriff - Thursday, Apr 7, 22 @ 11:25 pm:

    @Rich Miller

    But someone behind bars for a while most often will take advantage of rehab.

    On the street they have a needle in their arm…


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