There’s more work to do on criminal justice reform
The Illinois legislature has passed, and Gov. J.B. Pritzker is expected to sign, landmark legislation to reform the criminal justice system in our state. While it’s not perfect, the bill includes important improvements that will help ensure equal justice, making our system fairer and more transparent. That’s an important step forward, and one Illinois residents should support.
At the same time, it’s important to acknowledge the flaws in the bill, and in the process that led to its passage. Lawmakers rushed to complete their work during a late-night session and missed an opportunity to solicit feedback in an open and transparent way. That includes a lack of valuable input from the law enforcement community, whose voice is an important part of getting this right. Legislators should be prepared to revise this law where it falls short, and to work on the important issues it leaves unresolved.
The measure will require law enforcement officials to intervene, if possible, when an officer engages in the use of excessive force, or when any constitutional violation has been committed — and to report the actions to a supervisor. Additionally, an officer must give aid to an individual subjected to excessive force if feasible and if the aid required is within their training.
Recognizing the fact that union negotiations might at times undermine the disciplinary process, the bill removes police discipline from the range of issues that can be addressed in collective bargaining. In other words, law enforcement unions cannot negotiate investigative and decertification procedures that undermine accountability. This important change is worth extending into other areas where public employee unions operate.
No-knock warrants are another area where law enforcement procedures leave room for improvement. The legislation awaiting the governor’s signature requires that each law enforcement officer wear a body camera when using a no-knock warrant. It mandates that steps are taken in planning the search to ensure accuracy and to plan for children or other vulnerable people on-site. And in cases where an officer becomes aware the search warrant was executed at an address, unit or apartment different from the location listed on the warrant itself, that member must immediately notify a supervisor who will ensure an internal investigation ensues.
The bill includes other positive reforms, such as expanding training requirements on use of force and crisis intervention, giving judges more discretion when it comes to deviating from mandatory minimums and ending the suspension of driver’s licenses for failure to quickly pay fines and fees. All of these steps will help improve the administration of justice in our state.
At the same time, it’s important to note areas where this legislation misses the mark, and where further revisions are in order.
One important issue addressed is the use of cash bail, which would be ended outright. Illinois has had an unequal system of justice where poor people accused of crimes languish in cells awaiting trial, while others of greater means are released, despite being accused of a similar offense.
But the answer should be to reduce the use of cash bail and eliminate inequities, not to get rid of it entirely. Decisions about use of cash bail would benefit from better informed and more rigorous assessment of risk, for example. In this, Illinois should look to the example of states such as New Jersey, where cash bail has been used sparingly since reforms were adopted several years ago. The response has been overwhelmingly positive.
Additionally, the legislature elected not to address qualified immunity for law enforcement personnel, instead creating a commission to evaluate it. No one is pretending this is a simple issue, but it’s time to ensure greater accountability through civil courts when an officer abuses the public trust and violates someone’s constitutional rights under the color of government authority.
Once the governor signs this measure, we will see significant changes in how the criminal justice system operates in Illinois, making it fairer and more transparent. That does not mean there won’t still be room for improvement, and we should be prepared to encourage our elected representatives to continue with additional reforms.