Today, Governor JB Pritzker signed the criminal justice reform legislation package, HB 3653 (Rep. Slaughter, D – Chicago/Sen. Sims, D – Chicago), into law. The provisions of this new law contain sweeping changes to the Illinois criminal justice system that will have a measurable impact on municipal operations, law enforcement and the public.
Throughout the development of this legislation, the Illinois Municipal League (IML) worked to ensure that municipal interests were protected. IML successfully advocated for the preservation of qualified immunity and the elimination of funding penalties to the Local Government Distributive Fund (LGDF). However, we were unsuccessful in removing several other aspects of concern. Many provisions of the new Act include mandates and compliance requirements placed upon municipal officials and law enforcement. It is critical that municipal officials fully understand these provisions and how they will impact municipal governments, the law enforcement personnel they employ and their communities.
In order to assist municipal officials with this broad understanding, IML has compiled a timeline, organized by effective date, for compliance with the Act (available via this link). The timeline highlights the Act’s new requirements and impacts on municipal governments and personnel, including reporting requirements, mandated training and other information.
Some significant provisions include, but are not limited to the following:
Beginning July 1, 2021, the Act requires all law enforcement agencies to employ the use of officer-worn body cameras by specified dates based on municipal population. Agencies that comply with this requirement shall receive preference by the Illinois Law Enforcement Training and Standards Board (ILETSB) in receiving grant funding. Additionally, the Act requires all law enforcement agencies that employ the use of officer-worn body cameras to submit an annual report detailing their use to ILETSB by May 1 of each year. This will require increased funding.
Beginning July 1, 2021, the Act expands training requirements for all law enforcement officers, including updated policies and training on use of force, use of deadly force, use of non-lethal weapons, the duty to intervene and the duty to render aid. This will require increased funding.
Beginning July 1, 2021, the Act mandates expanded reporting requirements to ILETSB on training, misconduct and officer-worn body cameras; expanded reporting requirements to the Illinois State Police (ISP) on use of force, mental health crises, firearm discharges and other crime data; and, expanded reporting requirements to the Illinois Criminal Justice Information Authority (ICJIA) on in-custody deaths. This may require increased funding.
Beginning July 1, 2021, the Illinois Secretary of State shall rescind the suspension, cancellation or prohibitions of renewal of a person’s driver’s license if suspended due to the person having failed to pay any fine or penalty for traffic violations. This may reduce revenues.
Beginning July 1, 2021, the Act allows the Illinois Attorney General additional oversight on allegations that any governmental authority, or their agent, has engaged in a pattern or practice of conduct by officers that deprives any person of privileges or immunities secured or protected by the Constitution or laws of the United States or Constitution or laws of Illinois. These civil actions may result in equitable or declaratory relief, and may also include civil penalties of up to $25,000 for violations, and up to $50,000 for repeat violations. This may increase litigation against units of local government.
Beginning July 1, 2021, a person filing a complaint against a law enforcement officer is no longer required to have the complaint supported by a sworn affidavit or any other legal document. This may increase complaints and may require additional staffing to manage those complaints.
Beginning July 1, 2021, law enforcement agencies are prohibited from requesting or receiving specified equipment from any military surplus program. Any request to receive non-prohibited equipment from such a program must be published on a publicly-accessible website maintained by the law enforcement agency or the municipality within 14 days after the request. The acquisition of certain military surplus equipment may now require increased funding.
Beginning July 1, 2021, all public and nonpublic records related to complaints, investigations and adjudications of police misconduct are required to be permanently retained and may not be destroyed. This will require increased funding.
Beginning January 1, 2022, a process for the certification and decertification of all law enforcement personnel shall be established through ILETSB, including new training requirements and the required investigation and reporting of compliance with the Act. This may require increased funding.
Beginning January 1, 2023, the use of monetary bail is abolished and persons charged with specified offenses shall be eligible for pretrial release before conviction. Bail funds that are a source of immediate payment for court-imposed obligations will be impacted. This may reduce revenues.
During the 2021 spring legislative session, the General Assembly intends to establish statewide use of force standards for law enforcement agencies to be effective January 1, 2022.
By May 1, 2021, the Task Force on Constitutional Rights and Remedies will further examine and propose possible changes to qualified immunity for peace officers. However, the requirement for the task force to issue a report by May 1, 2021, conflicts with the section’s effective date of July 1, 2021.
IML has compiled more than a dozen suggested amendments to the Act (available via this link), which we are requesting to be included in any follow-up legislation advanced in response to the Act and its criminal justice reform package.
IML will continue to compile and share resources on the topic of criminal justice reforms on our dedicated website at iml.org/policingreforms. We will also continue to provide municipal officials with timely, accurate and complete resources on provisions of the Act, including any applicable model policies and ordinances, fact sheets and other potential issues that develop as more is understood about the implementation of this legislation.