Advocacy groups are pushing state Illinois lawmakers to pass domestic violence firearms bill

by Mark Richardson
Illinois News Connection
Illinois enacted a "red flag" gun law in 2018 that gives courts authority to use emergency orders to remove guns from people who are a danger to themselves and others. However, Illinois has rarely used such emergency orders.
CHICAGO - Domestic violence and gun violence prevention advocates are urging the Illinois General Assembly to pass a bill to strengthen state laws protecting people who file restraining orders.

The proposed law is named for domestic violence victim Karina Gonzalez, who was shot and killed by her husband. The measure would require law enforcement officers to quickly remove guns from people who have orders of protection against them.

Amanda Pyron, executive director of The Network, says Karina's Bill would close numerous loopholes in the current law.

"Karina's Bill will clarify and strengthen the law to give law enforcement a clear directive to remove the firearm from the home when an order of protection is granted with the firearm remedy by a judge," she contended. "So this isn't something that survivors can do on their own."

Gonzalez and her 15-year-old daughter were shot and killed shortly after obtaining a restraining order in July against her husband Jose Alvarez. Backers are asking legislators to pass the bill during the year-end session, which begins October 24th. Gun rights advocates oppose it, claiming it violates the Second Amendment.

Illinois enacted a "red flag" gun law in 2018 that gives courts authority to use emergency orders to remove guns from people who are a danger to themselves and others. However, Illinois has rarely used such emergency orders.

State Sen. Celina Villanueva, D-Chicago, said the presence of firearms in the home significantly increases the likelihood of death or serious injury.

"One research study of intimate partner homicides found that among victims who had orders of protection, one-fifth of victims were killed within two days of the order being issued. About one-third were killed within a month. This is unacceptable," she continued.

Records show that Gonzalez reported her husband's abusive behavior to the police and took out an order of protection against him. The order required Alvarez to voluntarily surrender the gun and move out of the house. He did neither. Alvarez was charged with first-degree murder and is being held without bail.

Related articles:

How social media fuels today's gun violence - ‘All We Want Is Revenge’
Juan Campos has been working to save at-risk teens from gun violence for 16 years.

As a street outreach worker in Oakland, California, he has seen the pull and power of gangs. And he offers teens support when they’ve emerged from the juvenile justice system, advocates for them in school, and, if needed, helps them find housing, mental health services, and treatment for substance abuse.

But, he said, he’s never confronted a force as formidable as social media, where small boasts and disputes online can escalate into deadly violence in schoolyards and on street corners.

See more...

As gun violence is rises to epidemic levels, many traumatized Americans now live in fear
A majority of Americans say they or a family member has experienced gun violence, such as witnessing a shooting, being threatened by a person with a gun, or being shot, according to a sweeping new survey. The national survey of 1,271 adults conducted by KFF revealed the severe physical and psychological harm exacted by firearm violence, especially in minority communities.
See more...
at

More work needed to keep young people out of criminal justice system

by Eric Galatas
Illinois News Connection
Recent brain studies showing youths do not fully understand the consequences of their actions until age 25.
CHICAGO - Advocates for juvenile justice reform recently gathered in Chicago to find ways to keep young people out of the criminal justice system.

Herschella Conyers, board chair of the Juvenile Justice Initiative, said part of the work needs to happen in schools. If schools were transformed into welcoming neighborhood activity centers, open from 7 a.m. to 7 p.m., Conyers believes children would see better educational outcomes and stay out of trouble.

"I know that's bold, I know that costs tax dollars," Conyers acknowledged. "But God, aren't we spending tons of money already for the wrong things that have not worked? And the cost of incarcerating a child is not a small cost."

In 2020, Gov. Pritzker announced plans to transform the state's juvenile justice system in four years, by moving incarcerated youth out of adult facilities, increasing wraparound supports and intervention, and boosting financial support for victims. But groups advocating for juvenile justice reform said the work is far from complete.

Joshua Brooks, restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said the work of bringing offenders, victims and community members together to repair harm done is the number one intervention communities want. But young people need to be fully reintegrated into communities, or they just end up back on the streets.

"Restorative justice has been known to reduce recidivism," Brooks noted. "That's true, it does. But also, if a person who exits out the criminal justice system gets a job, and is employed, that reduces recidivism too."

Scott Main, assistant director of the Illinois Juvenile Defender Resource Center, pointed to recent brain studies showing youths do not fully understand the consequences of their actions until age 25. He pointed to states like Vermont, where they are not willing to put juveniles in adult court until they have reached full maturity.

"We should look to Washington D.C. and California that has second-look legislation, looking at sentencing for individuals up to the age of 25," Main urged. "Illinois hasn't done enough, we need to keep pushing forward."

Related articles:


Fining kids by the Illinois criminal justice system needs to end
From my perspective, after 31 years in law enforcement and now as an adjunct professor teaching Juvenile Justice Administration at Wright College in Chicago, failure is when people involved in the justice system are left without the means to create a better future for themselves and their families.
See more...

Northern Ireland agency could be a model for US juvenile-justice system
As lawmakers in Illinois and across the nation consider reforms to the nation's juvenile-justice system, one country across the Atlantic could serve as a model.

Northern Ireland's Youth Justice Agency places an emphasis on early diversion, community involvement and restorative justice.

See more...
Sign up for the Sentinel
at

Viewpoint | Fining kids by the Illinois criminal justice system needs to end

These costs have nothing to do with creating accountability or achieving victim restitution.
by Officer Dave Franco (Ret.)
Chicago Police Department
From my perspective, after 31 years in law enforcement and now as an adjunct professor teaching Juvenile Justice Administration at Wright College in Chicago, failure is when people involved in the justice system are left without the means to create a better future for themselves and their families. Across communities, those means can take many shapes. But here in Illinois, I see one glaring failure: the actual cost of justice, particularly for youth in the juvenile system. The juvenile fines and fees that burden young people and their families don’t enhance public safety—they fail as a measure for youth accountability and serve only to make youth more likely to reoffend.

As a committed member of Illinois’ law enforcement community interested in public safety and justice, I support the passage of SB1463 and its companion bill in the house, HB3120, and I hope other Illinoians will join me. Imposing harsh punishments on juveniles is an unfair and outdated practice that was never based on evidence and must be left behind.

In Illinois, “fine and fees” refer to administrative fees and financial penalties imposed by courts. The Juvenile Court Act of 1987 and other Illinois statutes set up a series of costs specifically for children and their families. But these costs have nothing to do with creating accountability or achieving victim restitution. The reality is a system that creates bigger barriers to youth rehabilitation.

These kids are likely still in school; they are unlikely to have jobs, and if they do, they have limited working hours and income. The system does not take into account their individual circumstances, and is, instead, designed for them to fail.

The new legislation is designed to streamline and simplify the juvenile justice process while reducing the cost for those involved by eliminating fines and fees in cases against minors. Right now, fines and fees can range from less than $50 to almost $1000 and add up quickly. These costs are higher in some counties than others. This legislation would address that problem and make justice equal across the state without undermining a judge’s ability to set victim restitution and order other non-financial conditions that focus on accountability and rehabilitation.

A 2016 study showed that financial penalties imposed on youth increased their risk of reoffending rather than acting as a deterrent. Unpaid debts have lifelong consequences that can impact job prospects, educational opportunities, and much more. Imposing debt on minors sets them up for continued failure and makes it increasingly difficult to change their circumstances without returning to criminal activity.

Passing this legislation won’t be a ‘get out of jail free’ card for youth and it won’t allow them to escape accountability for their actions. Instead, it will create space for new systems that are proven to increase public safety and improve outcomes for justice-involved youth. There are better options for rehabilitation and better ways for Illinois to spend money on the criminal justice system. In 2021, a study from the National Bureau of Economic Research showed that restorative justice programs for juvenile offenders reduced the probability of rearrest by 44%, while another study found that community-based interventions were not only more effective, but less costly to states. Better justice practices are possible, we owe it to young people to give them a better chance at success.

Not only are the policies bad for recidivism rates, but they are bad fiscal policy as well. The longer someone has criminal justice debt, the less likely it is to be collected. Comparing Illinois counties to counties in other states where juvenile court debt collection is relatively high, the courts there only collect about 4% of debt that is more than six months old; after three years, the debt is completely uncollectible. Illinois counties can’t rely on debt they may never collect to pay for the cost of the justice system. Even if they do collect, the actual revenue still won’t be enough to cover the resources used to administer the system: most small counties in Illinois take in less than $5,000 in juvenile justice costs every year. Juvenile fines and fees generate almost no revenue and the cost of collecting is often higher.

If passed, SB1463 will be applied automatically and retroactively, meaning that existing debts will be canceled and no new ones will be imposed on juveniles and their families. This will not be a loss of revenue for Illinois counties, instead it will be a way for those counties to better use its resources that would have been spent on debt collection.

Illinois must join the over 20 other states that have eliminated or reformed juvenile fines and fees. The system of fines and fees is causing youth offenders to fail and we as Illinoians are failing them by not working for change. This legislation, SB1463/HB3120, is a critical step for public safety and for creating better systems of justice for Illinois’ juvenile offenders.

Officer David Franco (Ret.) served with the Chicago Police Department for three decades since the early 1980's, focused on issues ranging from terrorist threats to abandoned property and everything in-between. He is currently an adjunct professor of Criminal Justice at Wright College in Chicago. He holds a BA from Northeastern Illinois University and a MPA from the Illinois Institute of Technology.

at

Pumping on the job, new Federal law goes in effect this month for mothers nursing infants

Mom holding a baby
Sarah Chai/PEXELS

by Tim Ditman
OSF Healthcare

URBANA - Have a plan.

It’s something you’ll hear OSF HealthCare Mission Partners Heather Ludwig and Stephanie Kitchens say over and over.

Ludwig, an international board certified lactation consultant, and Kitchens, a registered nurse, are helping new mothers navigate pumping breast milk at work as a federal law on pumping takes effect.

"If you feel like your employer is going to support you with pumping, you’re going to be extremely loyal to that job," Ludwig says.

Laws protecting moms

In general, Illinois, Michigan and federal laws allow moms to pump at work and in a private space better than a bathroom stall until the child is 1 year old. But on April 28, 2023, the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act for short) goes into effect. The law expands the number of mothers who are protected and strengthens a mother’s ability to get relief in court if their employer is not following the law. It also says mothers can stay on the clock while pumping if they keep working, for example simply answering emails.

But moms still need to be their own best advocate, Ludwig says. It starts before you return to work. Three to four weeks prior, build up a supply of breast milk at home. Talk to your boss, coworkers and human resources representative about your needs. Be firm but fair in setting the expectations. Keep the conversation going during your months of pumping. Have allies like a lactation consultant in your corner.

"Think about where you’re going to pump and what supplies you need to bring," Ludwig says. Make sure your pump fits you and is working. Ideally, your workplace will provide a space where you can leave the equipment and come and go to pump for a few minutes. That won’t empty the tank, but it will "reset the clock" for a while before you feel the physical pressure of needing to pump again.

"Full and uncomfortable is one thing. But if you wait too long, you can end up with clogged ducts, mastitis and other nasty things," Ludwig says. "An emptied breast is a breast that’s going to continue to make milk and a mom that’s going to stay comfortable."

Kitchens’ experience

Having a dedicated pumping space is crucial for professions like nursing, law enforcement or restaurant workers. For example, a waitress can’t abandon her tables for a half hour and still expect a big tip.

Kitchens, too, couldn’t afford to be away from her cardiac patients for a long time. Her first child came into the world in March 2020, and she returned to work that June – all during the height of the pandemic.

"I was a little unsure about how pumping would work," she admits. "I was more into trying to please everybody and be the better nurse."

Now with the task of producing milk for her second child, born in April 2022, Kitchens has been taking some of Ludwig’s advice to heart and having a smoother experience.

"I’m very open with my patients now," Kitchens says with a smile. "I say ‘listen I’m a breastfeeding mother. I have to go relieve myself. When I’m done with that, I’ll come back and meet your needs.’ And they are totally fine with that."

For other high stress jobs, options exist too. Police officers could be temporarily assigned to office work so they are not in a squad car all day. Truck drivers can hook up a hands-free pump before they turn on the engine and let the machine do its work underneath their clothes. Yes, hands-free pumping and driving is legal, Ludwig says.

Navigating the day

Ludwig says moms can expect to pump several times during a typical eight-to-10-hour shift. Staying on schedule and staying stress-free about it all is important. "If you’re stressed out and your cortisol levels are high, it’s hard for your body to let your milk come out," Ludwig says. "So having a good location is going to help mom feel supported. She can take care of business quicker so she can get back to work."

Some mothers will bring their baby to work to feed at the breast. Having a good home support system is key for this option to work. Milk can be stored in any cold, sanitary place, like the break room refrigerator. "A lot of moms will just have a little lunch bag cooler with some freezer packs," Ludwig says.

Bottom line advice

Kitchens agrees with Ludwig that mothers returning to work need to be their own best advocate. Stand up for yourself, even, Kitchens says. Make it clear that a pump break and a lunch break are separate, for example.

To view it another way: "Would an adult ask to use the bathroom or would they just go?" Kitchens says slyly.


at

Illinois House Bill could help people avoid crushing medical debt

Photo: Matthew Henry/Burst
by Mark Richardson
Illinois News Connection
A new report finds thousands of low-income or uninsured people in Illinois face medical debt that is depleting their savings and, in some cases, affecting their health.

The report, from the Illinois Coalition for Immigrant and Refugee Rights, described situations where patients racked up big bills because they didn't know that hospitals or community agencies could offer financial assistance. House Bill 2719 was filed this week to require all Illinois hospitals to screen uninsured patients and inform them of their options for paying medical bills.

Luvia Quinones, senior director of health policy at the coalition, said many low-income and working-class people are unnecessarily losing sleep - and cash.

"Many of these individuals are actually eligible for something, whether it be some type of health coverage program or for hospital financial assistance," she said, "and unfortunately, many of them are not made aware of either of these services or programs."

The Illinois Department of Health Care and Family Services reported in 2021 that more than 900,000 people in the state were uninsured. It said one-third of them qualify for coverage under Medicaid or through the Insurance Marketplace, while others are eligible for hospital financial programs or charity care.

Most Democrats in the General Assembly support the bill, but Republicans have not publicly staked out a position. The measure is pending before the Health Care Availability and Accessibility Committee. Quinones said the bill's goal is ultimately to prevent excessive medical debt.

"By hospitals screening these individuals, you could prevent them both ending up in medical debt," she said, "and it could also help the hospitals to be able to get reimbursed for some of the services."

at

Invest in Kids Act expires at the end of the year, lawmakers can change that

Dylan Sharkey

by Dylan Sharkey, Assistant Editor
Illinois Policy
As lawmakers return to Springfield, the clock is ticking to expand the Invest in Kids Tax Credit Scholarship program which helps more than 9,000 low-income students find the school that best fits their needs.

Bose Clodfelter and her family rely on the program as the only way to afford a private school where her children have found a better cultural and academic environment.

"It’s very important that politicians allow this tax credit to continue so my family can have the opportunity to be a part of a school system where our children and my family as a unit thrives," Clodfelter said.

The Invest in Kids Act is set to expire at the end of 2023. Families such as the Clodfelters who have benefited from the scholarships are asking lawmakers to make the program permanent to give them and their kids a choice about their schooling.

"I think that it’s very important for people to have the ability to donate to the tax credit scholarship program because they care about the educational needs of the community and that people have the choice and a right to get the education that they want for their children," she said.

Tax credit scholarships are funded by donations, with a $75 million cap. Donors then receive an income tax credit equal to 75% of their donation.

Gov. J.B. Pritzker recently changed his stance and now supports the program.

State lawmakers are in their lame duck session and have a chance to improve the program by getting rid of the 2023 sunset provision and making the program permanent. While that may be unlikely with gun control and abortion and other issues clouding the short agenda, it would be a great way for parting lawmakers to strengthen their legacy from the 102nd Illinois General Assembly.

If they do not act, state lawmakers of the 103rd General Assembly will have a new chance starting Jan. 11.


Dylan Sharkey is an Assistant Editor at Illinois Policy Institute, a nonpartisan research organization that promotes responsible government and free market principles. This story was originally published on January 6, 2023.

at

Editorial | A step in the right direction

The Sentinel editorial today Illinois House Representatives passed legislation banning high-powered weapons and large-capacity magazines last week. It is a step in the right direction. What if it is not enough?

The bill that passed through the House also created a prohibition and criminal penalties for devices that turn semi-automatic weapons into fully-automatic guns. It now heads to the Senate for approval.

The 77-page bill still on the Senate table as of this moment, aims to ban the sale of assault-style weapons and high-capacity magazines with more than 12 rounds in the state.

Also, anyone possessing hi-cap mags would have 90 days to convert, dispose or sell them.

Weapon owners who currently own an assault-style weapon would be grandfathered in and get to keep the guns they already legally own. Owners have 300 days after the proposal takes effect to submit the serial numbers of all weapons covered in the legislation to Illinois' state FOID system.



Of course, there are some who believe gun control doesn't work and that criminals will commit violent crimes regardless of whatever laws are in place. They are correct, in my opinion. Logically speaking, there is no argument against that line of thought.

However, one could reasonably argue with significantly fewer weapons available to the population over time, the probability of hardened criminals obtaining them to do dirty with them would be significantly lower.

If the bill doesn't work, if we can't reduce the number of firearms available to the population, we can lean on the wisdom of former GOP governor challenger Darren Bailey and "move on."

at

Illinois Supreme Court put Safe-T Act on hold until March

Patrick Andriesen

by Patrick Andriesen
Illinois Policy
The Illinois Supreme Court stayed the controversial no-cash bail provisions of the SAFE-T Act Dec. 31, halting the elimination of cash bail statewide while the lower court’s decision is heard on appeal.

The order targeting the pretrial provision of the Safety, Accountability, Fairness and Equality-Today Act came just hours before the omnibus bill was set to take effect Jan. 1. Illinois would have been the first state to end cash bail as a way for defendants to go free until trial, considered as unfair to low-income resident who are often held in jail as wealthier defendants go free.

The high court’s temporary order was made after a Kankakee County judge ruled against the pretrial release portion of the act for 65 Illinois counties Dec. 28 on the grounds it violated the Crime Victims’ Bill of Rights and separation of powers sections of the Illinois Constitution.

The justices ordered the stay to "maintain consistent pretrial procedures throughout Illinois" counties while they consider the state’s appeal to the Kankakee County ruling.

No hearing date has been set but justices announced plans for an "expedited process" to review the appeal on the merits. All other provisions of the criminal justice reform bill went into effect as anticipated Jan. 1. The act phases in police body cameras by 2025, regulates police training and discipline, among other things.

In his ruling, Circuit Judge Thomas Cunnington sided with 65 of Illinois’ 102 state’s attorneys, citing the importance of the separation of powers between the legislative and judicial branches. Cunnington said, "The appropriateness of bail rests with the authority of the court and may not be determined by legislative fiat."

But Illinois Attorney General Kwame Raoul disagreed. He appealed the lower court decision on behalf of the state, arguing "a judge’s discretion with regards to pretrial detention is expanded" under the new reform.

Despite the disagreement, legal experts on both sides lauded the Illinois Supreme Court for moving to pause the reforms and prevent unequal enforcement of the new law across Illinois.

"We are very pleased with the Illinois Supreme Court’s decision," wrote the DuPage and Kane County state’s attorneys in a joint statement. "The equal administration of justice is paramount to the successful and fair administration of our criminal justice system."


Patrick covers Criminal Justice the Illinois Policy Institute. In this role, he focuses on creating and analyzing content to support our published research and experts in the media. Illinois Policy Institute, a nonpartisan research organization that promotes responsible government and free market principles. This story was originally published on January 2, 2023.

at

The person who investigates suspicious deaths in your town may not even be a doctor

by Samantha Young
Kaiser Health News

When a group of physicians gathered in Washington state for an annual meeting, one made a startling revelation: If you ever want to know when, how — and where — to kill someone, I can tell you, and you'll get away with it. No problem.

That's because the expertise and availability of coroners, who determine cause of death in criminal and unexplained cases, vary widely across Washington, as they do in many other parts of the country.


Photo: Gerd Altmann/Pixabay

"A coroner doesn't have to ever have taken a science class in their life," said Nancy Belcher, chief executive officer of the King County Medical Society, the group that met that day.

Her colleague's startling comment launched her on a four-year journey to improve the state's archaic death investigation system, she said. "These are the people that go in, look at a homicide scene or death, and say whether there needs to be an autopsy. They're the ultimate decision-maker," Belcher added.

Each state has its own laws governing the investigation of violent and unexplained deaths, and most delegate the task to cities, counties, and regional districts. The job can be held by an elected coroner as young as 18 or a highly trained physician appointed as medical examiner. Some death investigators work for elected sheriffs who try to avoid controversy or owe political favors. Others own funeral homes and direct bodies to their private businesses.


The various titles used by death investigators don't distinguish the discrepancies in their credentials.

Overall, it's a disjointed and chronically underfunded system — with more than 2,000 offices across the country that determine the cause of death in about 600,000 cases a year.

"There are some really egregious conflicts of interest that can arise with coroners," said Justin Feldman, a visiting professor at Harvard University's FXB Center for Health and Human Rights.

Belcher's crusade succeeded in changing some aspects of Washington's coroner system when state lawmakers approved a new law last year, but efforts to reform death investigations in California, Georgia, and Illinois have recently failed.

Rulings on causes of death are often not cut-and-dried and can be controversial, especially in police-involved deaths such as the 2020 killing of George Floyd. In that case, Minnesota's Hennepin County medical examiner ruled Floyd's death a homicide but indicated a heart condition and the presence of fentanyl in his system may have been factors. Pathologists hired by Floyd's family said he died from lack of oxygen when a police officer kneeled on his neck and back.

In a recent California case, the Sacramento County coroner's office ruled that Lori McClintock, the wife of congressman Tom McClintock, died from dehydration and gastroenteritis in December 2021 after ingesting white mulberry leaf, a plant not considered toxic to humans. The ruling triggered questions by scientists, doctors, and pathologists about the decision to link the plant to her cause of death. When asked to explain how he made the connection, Dr. Jason Tovar, the chief forensic pathologist who reports to the coroner, said he reviewed literature about the plant online using WebMD and Verywell Health.

The various titles used by death investigators don't distinguish the discrepancies in their credentials. Some communities rely on coroners, who may be elected or appointed to their offices, and may — or may not — have medical training. Medical examiners, on the other hand, are typically doctors who have completed residencies in forensic pathology.

In 2009, the National Research Council recommended that states replace coroners with medical examiners, describing a system "in need of significant improvement."

Massachusetts was the first state to replace coroners with medical examiners statewide in 1877. As of 2019, 22 states and the District of Columbia had only medical examiners, 14 states had only coroners, and 14 had a mix, according to the Centers for Disease Control and Prevention.

The movement to convert the rest of the country's death investigators from coroners to medical examiners is waning, a casualty of coroners' political might in their communities and the additional costs needed to pay for medical examiners' expertise.

The push is now to better train coroners and give them greater independence from other government agencies.

"When you try to remove them, you run into a political wall," said Dr. Jeffrey Jentzen, a former medical examiner for the city of Milwaukee and the author of "Death Investigation in America: Coroners, Medical Examiners, and the Pursuit of Medical Certainty."


Lawmakers "didn't want their names behind something that will get the sheriffs against them," Collins said.

"You can't kill them, so you have to help train them," he added.

There wouldn't be enough medical examiners to meet demand anyway, in part because of the time and expense it takes to become trained after medical school, said Dr. Kathryn Pinneri, president of the National Association of Medical Examiners. She estimates there are about 750 full-time pathologists nationwide and about 80 job openings. About 40 forensic pathologists are certified in an average year, she said.

"There's a huge shortage," Pinneri said. "People talk about abolishing the coroner system, but it's really not feasible. I think we need to train coroners. That's what will improve the system."

Her association has called for coroners and medical examiners to function independently, without ties to other government or law enforcement agencies. A 2011 survey by the group found that 82% of the forensic pathologists who responded had faced pressure from politicians or the deceased person's relatives to change the reported cause or manner of death in a case.

Dr. Bennet Omalu, a former chief forensic pathologist in California, resigned five years ago over what he described as interference by the San Joaquin County sheriff to protect law enforcement officers.

"California has the most backward system in death investigation, is the most backward in forensic science and in forensic medicine," Omalu testified before the state Senate Governance and Finance Committee in 2018.

San Joaquin County has since separated its coroner duties from the sheriff's office.

The Golden State is one of three states that allow sheriffs to also serve as coroners, and all but 10 of California's 58 counties combine the offices. Legislative efforts to separate them have failed at least twice, most recently this year.

AB 1608, spearheaded by state Assembly member Mike Gipson (D-Carson), cleared that chamber but failed to get enough votes in the Senate.

"We thought we had a modest proposal. That it was a first step," said Robert Collins, who advocated for the bill and whose 30-year-old stepson, Angelo Quinto, died after being restrained by Antioch police in December 2020.

The Contra Costa County coroner's office, part of the sheriff's department, blamed Quinto's death on "excited delirium," a controversial finding sometimes used to explain deaths in police custody. The finding has been rejected by the American Medical Association and the World Health Organization.


When something like this affects rural areas, if they push back a little bit, we just stop.

Lawmakers "didn't want their names behind something that will get the sheriffs against them," Collins said. "Just having that opposition is enough to scare a lot of politicians."

The influential California State Sheriffs' Association and the California State Coroners Association opposed the bill, describing the "massive costs" to set up stand-alone coroner offices.

Many Illinois counties also said they would shoulder a financial burden under similar legislation introduced last year by state Rep. Maurice West, a Democrat. His more sweeping bill would have replaced coroners with medical examiners.

Rural counties, in particular, complained about their tight budgets and killed his bill before it got a committee hearing, he said.

"When something like this affects rural areas, if they push back a little bit, we just stop," West said.

Proponents of overhauling the system in Washington state — where in small, rural counties, the local prosecutor doubles as the coroner — faced similar hurdles.

The King County Medical Society, which wrote the legislation to divorce the two, said the system created a conflict of interest. But small counties worried they didn't have the money to hire a coroner.

So, lawmakers struck a deal with the counties to allow them to pool their resources and hire shared contract coroners in exchange for ending the dual role for prosecutors by 2025. The bill, HB 1326, signed last year by Democratic Gov. Jay Inslee, also requires more rigorous training for coroners and medical examiners.

"We had some hostile people that we talked to that really just felt that we were gunning for them, and we absolutely were not," Belcher said. "We were just trying to figure out a system that I think anybody would agree needed to be overhauled."


This story was produced by KHN, which publishes California Healthline, an editorially independent service of the California Health Care Foundation.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.
Health News on The Sentinel
at

New smoke detector law goes into effect on January 1 in Illinois

Residential fires were responsible for 97 deaths in Illinois last year. In nearly 70% cases, the loss of life happened in homes without a working smoke alarms.
Photo illustration: Николай Егошин/Pixabay


SPRINGFIELD -- In two weeks, Illinois' updated Smoke Alarm Law goes into effect across the state. The new provisions, which applies to homes built before 1988, require any smoke alarm being installed within a single or multi-family home be replaced with models that have a sealed, non-removable 10-year battery.

"With a long-term 10-year battery smoke alarm, there is no need for battery replacement, saving the average homeowner between $40-$60 in battery costs over the life of each alarm," says Phil Zaleski, Executive Director for the Illinois Fire Safety Alliance. "At the end of the 10-year life cycle, the smoke alarm will automatically alert the homeowner to replace the alarm."

He added that, "While many people deactivate their older model smoke alarms or remove the batteries while cooking, the 10-year model is not a cooking nuisance and has a 15-minute silencer button.

Zaleski said in a release that required model is "very affordable with the current retail price being about $15 and as low as $10 if you buy them in bulk."

A quick on search on Amazon today shows 10-year, tamper-proof models retailing as low as $13 each. Order a six-pack, and the price drops to $8.33 each.

Passed in 2017, Public Act 100-0200 required all Illinois homes to have a smoke alarm with the extended-life battery by the first of next month. The bill states that "Every dwelling unit or hotel shall be equipped with at least one approved smoke detector in an operating condition within 15 feet of every room used for sleeping purposes. The detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall located between 4 and 6 inches from the ceiling."

To avoid ‘false alarms’ from the new detectors, they should not be placed within 15 feet of a stove or within 3 feet of bathrooms because of the humidity to avoid tripping the alarm.

Alarms already installed in dwellings are exempt if the manufactured date is less than 10-years old on date of inspection, does not fail testing, and is in proper operating condition. Residents or landlords replacing smoke detectors that are not hardwired in the home must do so with the new 10-year model. Homes with hardwired systems or systems connected to remote monitoring services are also exempt.

There were 97 residential fire deaths in Illinois in 2021, and nearly 70% of those deaths happened in homes without a working smoke alarm, according to Margaret Vaughn, Illinois Fire Safety Alliance and Illinois Fire Association government affairs director.

According to the bill, homeowners without an updated alarm will get a 90-day notice to install a sealed battery model. After that, they can be fined up to $100 every 30 days until the correct alarm(s) are installed. Also, homeowners and landlords should note the law makes it a Class B misdemeanor to not have a working smoke detector installed as required.

at

Northern Ireland agency could be a model for US juvenile-justice system

    by Jonah Chester, Illinois News Connection


As lawmakers in Illinois and across the nation consider reforms to the nation's juvenile-justice system, one country across the Atlantic could serve as a model.

Northern Ireland's Youth Justice Agency places an emphasis on early diversion, community involvement and restorative justice.

Kelvin Doherty, assistant director of the Agency, said the goal is to keep kids out of police custody and prevent them from building a criminal record.

"Let's address these concerns and these issues before the police are called, and before they get into a court setting," Doherty urged.

Doherty pointed out the restorative-justice process can take one of several paths: including a simple apology, community service or mental-health treatment. According to data from the Youth Justice Agency, more than 97% of victims said they are satisfied with the restorative-justice process.

The Youth Justice Agency was established in 2002, and was born out of the Good Friday Agreement. Doherty explained the program was part of a multipronged effort to modernize Northern Ireland's justice system.

"And the modernization process said, well, for a new justice system in Northern Ireland, it has to be not just about children and reducing reoffending," Doherty explained. "But it also has to be for victims and for communities as well."

From April 2020 to April 2021, Northern Ireland's Justice Department saw a nearly 17% decline in cases where kids came into contact with the criminal-justice system.

Doherty noted early diversion and support programs, typically used when the child is between 10 and 12 years old, can help prevent kids from coming into contact with the criminal-justice system down the line.

"Problems can be resolved in the child's life before they get worse," Doherty asserted. "And it has a better outcome for agencies and service providers, because it often involves less effort and more success, the earlier you are intervening or diverting children within the justice system."

According to the Children's Defense Fund, nearly 2,000 children are arrested in America every day. While the organization noted the overall number of kids in the juvenile-justice system was halved from 2007 to 2020, severe racial disparities persist, as children of color are nearly two times more likely to be arrested than white children.

at

Starting in 2022, new law banning discrimination based on hairstyle in Illinois schools

Photo: Hussein Altameemi/Pexels


by Lily Bohlke, Illinois News Connection
Starting Jan. 1, a new law goes into effect banning hair discrimination in Illinois schools.

Studies have shown one in five Black women working in office or sales settings said they had to alter their natural hair at work to feel accepted, and Black students are far more likely to be suspended for dress-code or hair violations.

Sen. Mike Simmons, D-Chicago, introduced the legislation and noted it will be against the law to tell any kid in any Illinois school they cannot wear their hair in the ways traditionally associated with race and ethnicity.

"This is especially relevant for Black youth, Black children," Simmons explained. "You're not going to be able to send Black kids home and say you can't have dreadlocks, you can't have braids, you can't have twists. All of that is over in Illinois."

The bill is known as the Jett Hawkins Act, after a four-year-old boy whose mother was spurred to action when he was asked to take out his braids when he went to school. Illinois joins 13 other states which have passed similar bills, some also extending protections to the workplace as well.

Simmons hopes more states and the federal government will take up legislation to protect against hair discrimination.

"Something as natural as one's hair has absolutely nothing to do with learning," Simmons asserted. "And so we want to make sure that schools are completely focused on learning, creativity, healing, and not these other things that are rooted in a very discriminatory past."

The Civil Rights Act of 1964 prohibits racial discrimination, but federal court precedent only protects people who wear their hair in Afros, and not other natural hairstyles.

at

Community Poll | Should Illinois lawmakers have police powers


survey tool

Don't know about HB724?
Learn more here...

at

A good reason to not leave your kids "Home Alone" in Illinois

by Joe Barnas, Writer
 Illinois Policy


Could Illinois parents who leave their eighth grader at home alone, or allow them to be unsupervised at the local park, find themselves under investigation by the Illinois Department of Children and Family Services, or even under arrest?

A vague and restrictive state law could mean the Illinois Department of Children and Family Services comes knocking if parents leave their 13-year-old home alone.
That would have been bad news for the parents in the 1990 film “Home Alone.” They accidentally left 8-year-old Kevin McAllister behind at their Winnetka home, in a frantic rush to get out the door for the family Christmas trip to Paris.

While that holiday comedy was fiction, the legal threat to Illinois parents is real.

State law currently states “any minor under the age of 14 years whose parent or other person responsible for the minor’s welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor” has been neglected.

Vague language such as this is ripe for broad interpretation that opens the door to regulatory abuse. Under one interpretation, it is illegal for parents to leave any child age 13 and younger by themselves – whether at home, at the park or walking the dog around the block.

It is also unclear what constitutes “an unreasonable period of time” – among other uncertainties with the law. Would that be an hour? Or would that be closer to the three days young Kevin was left to fend off burglars?

For Wilmette mother Corey Widen, such a nightmare scenario with DCFS became a reality after letting her daughter walk the family dog in 2018. Eight-year-old Dorothy was walking Marshmallow around the block by herself when a neighbor noticed and called police.

Wilmette Police determined the negligence accusation was baseless, but that wasn’t enough for DCFS. The state agency opened an investigation into Widen, putting the family under a microscope and throwing them into nerve-wracking uncertainty – all for simply letting Dorothy walk the dog on her own.

Eventually, DCFS found Widen was innocent and dropped the case.

Illinois’ law is the strictest in the nation. The highest age any other state stipulates for a child to be left alone is 12. Thirty other states have no such age restrictions.

Chicago mother Natasha Felix also experienced in 2013 the overzealous enforcement of Illinois’ child neglect laws. She let her three sons – ages 5, 9 and 11 – run around the playground right outside their apartment window. A passerby called DCFS and Felix was charged for inadequate supervision – even though she was keeping a watchful eye on her children through the window.

It took two years until the charge was finally erased from her record.

To make matters worse, parents can temporarily lose custody of their child before they even have the chance to defend themselves in court against negligence accusations. A child can even be temporarily taken away from a parent without a warrant when an allegation is made.

Later, 15 vague factors – from the duration of time the child was left unsupervised to the weather – are considered while the parents defend themselves against the allegations. At the least, the parents suffer a frightening and humiliating experience in having their parenting questioned and possibly even losing custody of their child temporarily.

The weight of this law falls disproportionately on single parents and low-income households. Parents who leave their kids home alone after school out of necessity – often living paycheck to paycheck – while juggling irregular work hours can easily become victims of the vague and arbitrary restrictions.

Lawmakers in Springfield have recognized the need for change, but no concrete reform has succeeded. In 2019, the Illinois House unanimously passed a bill lowering the age restriction to 12 from 14. The measure never received a vote in the Senate.

As children run to the neighborhood sledding hill or off to build a snowman in the park this holiday season, lawmakers should once again move to make this law more clear and less invasive on a family’s life.

Most 13-year-olds can responsibly stay home alone and watch over younger siblings for an extended period of time. Parents best know their child’s maturity and abilities, not an officer or case worker from DCFS.

Teaching self-reliance or understanding a child’s capabilities shouldn’t be mistaken for negligence. A system that allows a single call from a passerby to embroil parents in a months-long struggle that threatens their family and their good name is one in dire need of reform.

Joe Barnas is a writer at the Illinois Policy Institute, a nonpartisan research organization that promotes responsible government and free market principles. Originally published December 23, 2020.
at

'Temporary' tax increases always become permanent in Illinois

Ben Szalinski
 Illinois Policy


State politicians have repeatedly reduced backlash from tax hikes by calling them temporary. That’s what they did in 1989 and 2011 but voted later to break their promises and make the increases permanent.

In 1989, former Republican Gov. Jim Thompson was pushing for a permanent 40% tax increase. Thompson lacked support from Democrats and reached a compromise with Speaker of the House Michael Madigan to temporarily raise taxes by 18% for the next two years by raising the rate from 2.5% to 3%.

State tax news
At the time, Madigan said Illinois did not need more tax revenue. Thompson disagreed, saying it was necessary to address concerns over school funding and property taxes. He said a temporary hike just pushed the problems to the future.

Two years later, lawmakers again voted to extend the temporary increase. In 1993, the General Assembly made it permanent.

Following the Great Recession in 2011, former Gov. Pat Quinn and state lawmakers jacked taxes up from 3% to 5%, again with the promise it would be temporary. Quinn said the increase was to help the state pay the bills and regain sound financial footing. Former Senate President John Cullerton promised it would help pay for pensions without borrowing.

“The point of this income tax increase is not to expand programs, not to do brand new things in Illinois state government, it is only intended to pay our old bills and deal with the structural deficit,” said former House Majority Leader Barbara Flynn Currie.

Lawmakers planned to partially sunset the tax to 3.75% in 2014 and 3.25% in 2025. The decrease did happen in 2014, but it was short lived.

The General Assembly passed the largest tax increase in Illinois history in 2017 by raising rates back up to 4.95%.

The temporary 2011 hike solved few problems for Illinois and the 2017 increase has been no better. The state still struggles with the nation’s worst pension crisis and the deficit has quadrupled since 2011.

Illinois' net position worsens dramatically despite two major tax hikes

Gov. J.B. Pritzker is now asking taxpayers to play this game again with a progressive income tax structure. He wants a small percentage of Illinois taxpayers to pay more in taxes to bail out the state’s financial mismanagement.

However, the governor’s revenue projection falls short. Pritzker says a progressive income tax will net the state an additional $3.4 billion. Analysis by the Illinois Policy Institute found it would only generate $1.4 billion more.

There is no possible way Pritzker can fulfill all of his spending promises, pay down billions in debt and still cut taxes for 97% of Illinoisans, as his proposal claims. Eventually, lawmakers will be back seeking another tax increase but with greater power to put unfair burdens on smaller groups of taxpayers, including taxing retirement income like every state with a progressive tax.

The Illinois Constitution contains a flat tax protection, meaning you pay more when you make more and pay less when you make less – but everyone pays the same rate. Lawmakers pay a political price when they raise everyone’s taxes, as happened in 2017 when resignations and voter backlash cleared out the General Assembly.

Giving the General Assembly a progressive income tax would be equivalent to handing them a blank check. They will be able to spend however much they want and selectively target different segments of the population for more taxes, reducing the number of angry taxpayers at any one time.

Illinois voters for the first time in 50 years have a chance Nov. 3 to tell Springfield what they think about tax increases. Lawmakers need to fix basics, such as pension growth and 20 years of deficit spending, before making another promise to taxpayers that history shows is bound to be broken.

Originally published by Illinois Policy on September 16, 2020. Published by permission.

at
Subscribe to: Posts (Atom)

Photos this week

Photos from St. Joseph-Ogden's November 2022 playoff football game against Olympia. Despite a solid team effort against a high-powered offense and much-improved football program, SJO's football season came to an unfortunate end after a 60-28 road loss to the Spartans.

See the entire photo collection from the here