SAFE-T Act: Illinois Will NO Longer Arrest Criminals For Robberies, Burglaries, etc

https://www.nbcchicago.com/news/loc...plainer-of-what-changes-are-in-store/2942075/

A bill that brings sweeping criminal justice and police reform will soon take effect in Illinois, and though much focus has been centered on the elimination of cash bail, several other changes are in store.

House Bill 3653, authored by the Illinois Legislative Black Caucus, was approved by the Illinois General Assembly last year, bringing "significant changes" to things like police training policies, police accountability, transparency in law enforcement and the rights of detainees and prisoners, according to Sen. Elgie R. Sims, Jr., who sponsored the bill.

Among the changes the bill will bring are the elimination of monetary bail, a requirement that all police officers wear body cameras by 2025, a ban on all police chokeholds, new guidelines for "decertification" of police officers, and an end to suspended licenses for failure to pay, among several other changes. It also bans police departments from purchasing military equipment like .50 caliber rifles and tanks, increases protection for whistleblowers, and adds to rights for detainees to make phone calls and access their personal contacts before police questioning.

Detainees, prisoners and all those who interact with police officers will have the expectation of prompt medical care while in custody, with special accommodations made for pregnant women. Charges of resisting arrest must cite a justification for the original arrest that was allegedly resisted against under the measure, as well.

Here's a complete look at the bill and its changes:

Police Accountability
House Bill 3653 includes "a number of measures to increase police transparency and accountability," according to Sims. Those include:

• Requires reporting on deaths in police custody.
• Requires police to provide a predicate offense for resisting arrest. (That is, a reason for why an arrested was occurring in the first place.)
• Expands police training on use of force and crisis intervention, as well as first aid training.
• Requires statewide standards and services for officers to receive regular mental health screenings and assistance, while ensuring that counseling and screenings remain confidential.
• Requires police departments to participate in the FBI’s use of force database and strengthens the requirements for use of deadly force.
• Prohibits chokeholds by police officers.
• Imposes upon police a duty to intervene in the excessive use of force by another officer and to render aid when necessary.
• Enhances whistleblower protections.
• Extends all restrictions of the use of force that apply to law enforcement officers to bounty hunters as well.
• Bans the use of certain military equipment and provides guidance on the use of crowd control measures.
• Requires the maintenance of police misconduct records and requires the use of special prosecutors in officer-involved deaths.
• Expands the officer misconduct database.
• Removes police discipline from the collective bargaining process.
• Requires the use of body cameras statewide by 2025.
• Removes the requirement for sworn affidavits for police misconduct complaints.

Detainee, prisoner and citizens’ rights
"Several measures in HB 3653 are aimed at reforming detainee and prisoner rights, and to ensure Illinois’ criminal justice system is fairer for everyone," Sims said in a statement. Among other things, the bill:

• Increases services and programming for pregnant prisoners, and requires medical treatment of prisoners and detainees without unreasonable delay.
• Adds new detainee rights when in police custody including:
  • The right to make three free phone calls within three hours of arrival at the police station and before questioning occurs.
  • The ability to retrieve phone numbers contained in their cell phone’s contact list prior to the phone being placed in inventory.
  • Requires conspicuous notice of these rights in police stations and booking rooms. Requires that the telephone number to the public defender or appointed attorney's office must also be displayed. Provides that in the event a person who is in police custody is transferred to a new place of custody, his or her right to make phone.
• Prohibits people with less than four months on their sentence from being imprisoned and allows them to be diverted to electronic monitoring or another DOC facility or program.
• Ends “prison gerrymandering,” the practice under current law of counting prisoners toward a jurisdiction’s census count rather than their permanent address.
• Makes changes to streamline the crime victims compensation process.
• Promotes the use of co-responder models and enhances data collection on mental health crisis response.
• Codifies that the use of force by police as a punishment or retaliation is prohibited.
• Creates new requirements in the event police execute no-knock warrants, including that: (1) each participating member is assigned a body worn camera and is following policies and procedures; (2) steps are taken in planning the search to ensure accuracy and plan for children or other vulnerable people on-site; and (3) if an officer becomes aware the search warrant was executed at an address, unit, or apartment different from the location listed on the search warrant, that member will immediately notify a supervisor who will ensure an internal investigation ensues. These requirements are based on Chicago Police Department reforms.

Military Equipment
Bans the purchase and use of certain military equipment by law enforcement, specifically:

• Tracked armored vehicles
• Weaponized aircraft, vessels, or vehicles
• Firearms and ammunition of .50-caliber or higher
• Grenade launchers
• Bayonets

Law enforcement agencies must also publish notice of any requests for property from a military equipment surplus program.

 

I agree with most of those. The one area I don’t agree with is a blanket ban on “chokeholds”
I understand chokeholds, control techniques that construct air supply or blood supply to the brain, are very controversial and can be lethal. When used properly they can be done safely.
For example in the case with George Floyd it wasn’t the use of it but that it was kept on for so long.

My concern is that without those it will be more likely for LE to go to lethal force sooner like going to firearms when dealing with a non cooperative suspect.

 

I was strongly against the Illinois no cash bail change until I looked more into it. It is being misrepresented by conservatives… which seems to be a common thing when it comes to Chicago and I am not sure why, it’s weird.

I don’t really like the bill, I suppose I am agnostic to it. Having said that, murderers and rapists are not going to be let out to wander the streets like being portrayed. Judges can still deny bail.

While I am liberal on some X social issues, I have worked in the criminal justice system and have seen the good and the bad. I am more conservative on law and order than even some Republicans.

 

A lot of these seem like no-brainers and in fact, if they weren't bans or required before I'm shocked, like first aid training.

 

Oh yea, I'm not for or against this. I just wanted to share more info on what the SAFE-T Act is beyond a tinman YT influencer link is all.

 

Even with attempted murder there is a hearing to decide whether or not the person is eligible for bail or not.

There will be some people that are granted no cash bail that will commit crimes while awaiting their trial, but that happens with cash bail as well.

I am very skeptical of laws that let violent criminals out of prison or free on bail while waiting trial on serious crimes.

This change in Illinois doesn't seem to do that. We will see some people with drug charges and theft charges released on no cash bail, but not many if any violent criminals.

 

Chokeholds have been outlawed for over 20 years in most of the U.S. police forces have been fine without them and most control training tells you to stay away from the neck area all together.

The problem is most officers or guards can't be counted on to use them correctly, especially in the heat of the moment.

It's pretty weird that you keep advocating for chokeholds when 95% of control training is against it, now if it is a last resort to stop bodily injury that's a different matter, but it should never be a control mechanism.

It's not even controversial, it's a fireable offense in most civilian places.

These guys are not training in martial arts and there are far better ways to control someone and if an officer is going to go for lethal force a chokehold is not going to make a difference to somebody overreacting.

 

Does not loook bad

It's a trust issue
Don't have much trust that police will be properly trained on it or will use it properly

Rocket River

 

Probably because I’ve taught them and used them.

Not denying they are dangerous and yes too many LEO have misused them. As a range of force though I do believe there is a place for them and they should be considered an alternative to going to lethal force.

I’ve also made the point that I think most LEO training is very deficient in several things.

 

I am in Chicago. Hopefully I won't get mugged tonight .

 

I think there is an assumption, rightly or wrongly, that poor people who can't afford bail for violent crimes are more likely to offend than people who can afford bail for violent crimes.

It's hard to be all or nothing because due process vs having violent people on the streets awaiting trial. But poverty levels shouldn't be the determining factor of whether people are out awaiting trial. It should purely be about other factors like risk to society, criminal background, how strong the evidence is.

I'm all for keeping more people behind bars who are going to be violent awaiting trial. How to write the perfect rules for that is very difficult. It shouldn't be about poverty levels though.

 

Depends on where in Chicago you are.

 

People put up collateral for bail, that is a big deterrent. When you have your house or parents house used as equity and you lose the home if you break bail, it is less likely to happen. Also bondsmen are usually good at keeping a close eye on their clients.

 

I like and am for most of these measures…thanks for providing the real information on what is getting passed

 

Just around my old business school, Magnificent Mile area.