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HomeMy Public PortalAboutResolution 1821RESOLUTION NO. 1821 A RESOLUTION SUPPORTING CONTINUED EFFORTS TO RESOLVE PUBLIC SAFETY CONCERNS WITH THE SAFE -T -ACT BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, in exercise of its home rule authority as follows: WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois, is a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, and is a duly constituted public agency; and WHEREAS, providing services that ensure a high quality of life, sound fiscal management, a dynamic business environment, and a safe and secure community for all residents and businesses, while creating an inclusive community that values diversity, is a priority for the Village; and WHEREAS, the Village's Police Department is a leader in police training, policy development and practice, accountability and transparency; and WHEREAS, the Village values public engagement and stakeholder involvement to ensure all perspectives are considered in the development of legislation; and WHEREAS, on January 22, 2021, the Illinois Safety, Fairness and Equity -Today Act (the "Safe -T -Act") was signed into law, imposing significant changes to various State statutes, and negatively impacting certain aspects of the criminal justice system, including pre -arrest diversion, policing, pretrial sentencing and corrections; and WHEREAS, the Safe -T -Act, which is nearly 800 pages, is poorly drafted and was passed in the middle of the night without feedback from the public and/or law enforcement; and WHEREAS, the State legislature has since made minor changes to the Safe -T -Act, however those changes do not address provisions of the new law that are impractical, unworkable and/or create public safety concerns; and WHEREAS, the Safe -T -Act currently includes provisions to abolish cash bail as of January 1, 2023 for defendants charged with certain crimes, including but not limited to, burglary, kidnapping, aggravated DUI, threat to a public official, 2nd degree murder and vehicular homicide, while also severely weakening habitual -crime statutes, allowing violent offenders who are released on electronic monitoring and violate the terms of their release to be in violation for forty-eight (48) hours before law enforcement can act, unreasonably limiting police officer discretion to make arrests, and unreasonably implementing police certification and decertification standards; and WHEREAS, the Safe -T -Act denies crime victims their constitutional rights from Article 1, Section 8.1 of the Illinois Constitution, codified in the Rights to Crime Victims and Witnesses Act, that mandates crime victims shall have the right to have their safety and that of their families considered in denying or fixing the amount of bail, determining whether to release a defendant and setting conditions of release after arrest and conviction; and WHEREAS, the elimination of cash bail contradicts previously established and superior laws and places crime victims at a greater risk to be re -victimized and unnecessarily subjects witnesses to threats and intimidation; and WHEREAS, the Village worked with the Illinois Association of Chiefs of Police to share public safety concerns about the Safe -T -Act after its initial release, and during consideration of subsequent trailer bills; and WHEREAS, the Village supports certain elements of the Safe -T -Act and has implemented some elements, including but not limited to, expanded crisis intervention, mental health and use of force training, expanded police accountability standards, and is working to implement body worn cameras; and WHEREAS, although the Village supports some elements of the Safe -T -Act, the Safe -T -Act contains several ill-conceived directives that impact the Village's ability to most effectively provide police services, including but not limited to unreasonably limiting police officer discretion to make arrests, imposing unreasonable police certification and decertification standards, imposing contradictory standards for the use of deadly force by police, imposing unreasonable regulations regarding the use of less -lethal weapons by police making the use of deadly force more likely, all while not protecting the safety of law enforcement officers or citizens of the Village; and WHEREAS, the Safe -T -Act is opposed by 100 of the 102 State's Attorneys in the State of Illinois, who as government officials, are charged with prosecuting crime in their respective counties; and WHEREAS, legislators have had the opportunity to work with public safety representatives and community stakeholders to further amend the Safe -T -Act to address the many outstanding public safety concerns, but have not done so. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, in exercise of its home rule authority, as follows: SECTION ONE: The findings of the Preamble to this Resolution are incorporated herein and made a part hereof by this reference. SECTION TWO: The Village of Plainfield demands that the Safe -T -Act be immediately repealed and the Governor and State legislators work with County State's Attorneys, Illinois Police Chiefs, other public safety representatives, and community stakeholders to prepare and pass legislation that provides real world police and criminal justice reform that does not unreasonably limit the imposition of cash bail, unreasonably limit a court's inherent authority to manage its courtrooms, interfere with the orderly process of criminal procedure including securing a defendant's appearance for trial, unreasonably limit police officer discretion to make arrests, impose unreasonable police certification and decertification standards, mandate unreasonable custodial accommodations, unreasonably allow offenders to violate the terms of their release, and considers victims' rights and safety as well as the safety of communities. SECTION THREE: Any Village Ordinance or Resolution, or part thereof, in conflict herewith, is to the extent of such conflict, expressly repealed. SECTION FOUR: This Resolution shall be in full force and effect after its passage, approval, and publication in pamphlet form, as provided by law. PASSED this 21st day of November, 2022. AYES: Kalkanis, Larson, Ruane, Wojowski NAYS: None ABSTAIN: Benton ABSENT: Calkins APPROVED this 21st day of November, 2022. ATTESTED AND FILED IN MY OFFICE: Michelle Gibas Village Clerk John F. Argoudelis Village President