ACTION REQUESTED:
Title
Communication from the City Manager and Deputy Corporation Counsel with a Request to RECEIVE and FILE a PRESENTATION on the SAFE-T Act.
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BACKGROUND:
I. CRIMINAL JUSTICE REFORM HISTORY
On January 13, 2021, the Illinois Legislature passed the Safety, Accountability, Fairness and Equity-Today Act (“SAFE-T Act”) which included broad ranging criminal justice reforms. The reforms targeted cash bail, police training and certification, reporting requirements, use of force, detainee rights, officer misconduct, and body-worn cameras. The first set of reforms were effective July 1, 2021, followed by more on January 1, 2022, and the final set is expected to be effective on January 1, 2023. Following the passage of the SAFE-T Act, the Illinois Legislature passed two additional trailer bills clarifying or amending provisions of the SAFE-T Act in response to stakeholder concerns. The Police and Legal Departments have closely tracked these reforms and the Police Department has instituted new training and policies to ensure compliance as each set became effective.
II. CRIMINAL JUSTICE REFORMS EFFECTIVE JANUARY 1, 2023
The final set of criminal justice reforms will primarily affect: 1) monetary bail; 2) arrestable offenses; 3) pretrial release; and 4) law enforcement misconduct.
• Monetary bail: Abolishes cash bail. Where pretrial release is appropriate, courts may still impose non-monetary conditions on release such as electronic monitoring or home confinement.
• Arrestable offenses:
o Minor offenses, including traffic offenses, Class B and C criminal misdemeanor offenses, and ordinance violations, are generally no longer arrestable offenses unless the perpetrator: 1) poses an obvious threat to the community; or 2) has an obvious medical or mental health issue that poses a risk to their own safety. Perpetrators are issued a citation in lieu of arrest and must be scheduled to appear in court within 21 days.
o The following offenses are subject to automatic arrest: 1) Class 3 felony offenses and above; and 2) Class 4 felony gun offenses that are not probation eligible.
o The following offenses are arrestable at the discretion of the officer: 1) Class A criminal misdemeanors; 2) Class 4 felony non-gun offenses; and 3) Class 4 felony gun offenses that are probation eligible.
• Pretrial release: All defendants are presumed eligible for pretrial release. If the offense is detainable and the state opposes pretrial release, the state bears the burden of proving, by clear and convincing evidence, that: 1) defendant has committed the offense; and 2) poses a real and present threat to the safety of a specific, identifiable person or persons.
• Law enforcement misconduct: Anyone may file an anonymous complaint to the Illinois Law Enforcement Training and Standards Board (ILETSB) of any official misconduct that a law enforcement officer has committed.
This Presentation will provide a very broad overview of the SAFE-T Act reforms instituted to date, the law (as currently written) that will go into effect in 2023, the proposed trailer bill and pending litigation surrounding the Act.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: The Act, as currently written, may be subject to multiple interpretations.
IMPACT IF APPROVED: N/A
IMPACT IF DENIED: N/A
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Not applicable.
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Not applicable.
DEPARTMENT: Legal