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