Issues: Criminal Justice
Position in BriefThe League of Women Voters of Illinois has positions on the following aspects of criminal justice:
Additional Resources
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League Activity/Outlook
August 2016 Update on Bills sent to the Governor If Governor Rauner does not take action on the bills, they will become law sixty days after the date they were sent to him. ** Designates legislation supported by the League. HB114 requires the Department of Juvenile Justice (DJJ) to file a "critical incident report" within ten (10) days after the occurrence of a critical incident involving a youth committed to the DJJ. Also requires the DJJ must file a detailed case plan with the court every 6 months for every juvenile held in detention facility. PA 99-0664 **HB4360 removes lifetime employment barriers in schools. PA 99-0667 **HB4515 changes the Health Care Worker Registry so that it focuses on the applicant’s eligibility for work, not whether they have obtained a waiver. PA 99-0872 HB5017 under certain conditions allows people to petition for the expungement of law enforcement and juvenile court orders if they were arrested, charged or adjudicated delinquent for an incident that occurred before their 18th birthday and would have been an offense if committed by an adult. PA99-0835 HB5572 creates the Sex Offenses and Sex Offender Registration Task Force to ensure that law enforcement and communities are able to identify and monitor high-risk sex offenders—and not unduly restrict low-level offenders. PA 99-0873 HB5594 Provides that drug court participants may not be required to refrain from using medication assisted treatment under the care of a physician as a term or condition of successful completion of the drug court. PA 99-0554 **HB5973 reduces occupational and business licensing barriers based on a criminal record for the professions of barbering, cosmetology, esthetics, hair braiding, nail technology, roofing and funeral services. PA 99-0876 HB6291 Prohibits incarcerating children for offenses that are Class 3 or 4 felony violations of the Illinois Controlled Substances Act (with some exceptions noted in the bill). Limits mandatory 5 year probation to children found guilty of first degree murder. Probation terms for Class X and forcible felonies are reduced to a minimum of 3 years, 2 years or 18 months depending on the offense. PA 99-0879 HB6328 no longer precludes a person with a conviction history from expunging a new arrest that didn't lead to a conviction. It waives fees for juvenile expungement, as well as for adult petitioners who obtain a court order. The bill institutes a county fee waiver pilot program that would waive fees for sealing and expungement. PA 99-0881 **SB42 establishes a robust review process that allows a health care professional with a forcible felony conviction (excluding any sex offenses) to petition the IDFPR to have their license restored following a wait period of 5 years since conviction or 3 years since completion of sentence. To Governor 6/29 **SB0320 creates the Mental Health Opportunities for Youth Diversion Task Force. Among its tasks is the development of an action plan to divert youth into the appropriate health care setting rather than initial or further involvement in the juvenile justice system. The action plan is to be completed and delivered with recommendations to the Governor and General Assembly within one year of the task force’s first meeting. PA 99-0697 SB2228 decriminalizes the possession of 10 grams or less of cannabis and the possession of any drug paraphernalia. These become civil law violations punishable by a minimum fine of $100 and a maximum fine of $200. PA 99-0697 SB2282 certain parole violations do not apply if parolee associates with other persons on parole in activities related to community programs, worship services, volunteering, and family activities. PA 99-0698 **SB2370 requires legal representation for children up to age 15 (previously, up to age 13) during interrogation in murder and sex offenses, expands videotaping of interrogations to all felonies and some misdemeanor offenses, and requires a modified version of the Miranda warning for children. PA 99-0882 **SB2465 bars Illinois from seeking reimbursement for incarceration costs from returning citizens who already face great challenges. Amendatory veto on August 19th SB2601 concerning a person who has successfully completed alcohol or drug addiction treatment as a condition of probation, provides that if such a person qualifies for a vacation of the judgment of conviction, he or she must file a motion to vacate the judgment of conviction at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation (rather than within 30 days of the entry of the judgment.) PA 99-0574 SB2777 Reclassifies certain crimes such as property damage, disorderly conduct and obstructing justice, as misdemeanors if committed by people fewer than 18 and Class 4 felonies if committed by people 18 and over. PA 99-0628 **SB3005 removes lifetime barriers to employment for people with records in Park Districts. PA 99-0884 SB 3164 requires review of a pre-sentencing report, as well as an explanation of why incarceration is appropriate for class 3 and 4 offenders with no prior probation sentences or prison convictions prior to sentencing. (Last year, nearly 60 percent of new prison admissions for Class 3 or 4 felonies had no prior convictions for violent crimes.) PA 99-0861
October 2014 On Monday, Sept. 15, at a conference entitled, “The Collaborative on Reentry: Redirecting Resources from Incarceration to Community,” speakers and panelists seemed in agreement that incarceration fails to restore people to society effectively and that alternatives to incarceration must be employed creatively and vigorously. Issues Specialist Janet Kittlaus is willing to make a presentation to local Leagues on Juvenile Justice. The basic message is that we need to do everything possible to keep young people from entering a juvenile facility. Diversion and services are key to keeping young people at home; Redeploy Illinois has had great success in diverting young people from juvenile prisons. Juvenile prisons have serious problems: many staff are not well trained or are abusive, educational and mental health services are inadequate and solitary confinement is used when unwarranted. (But a comprehensive remedial plan is moving forward with parameters and timetables for implementation.) September 2014 Update on Bills
Working with the Criminal Justice Reform Committee Reports of Interest
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