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As I get ready to return to Springfield for the last session days of this calendar year, there are still a number of items awaiting action. There are a few items of note that we may see movement on when we reconvene on Tuesday. We have written about some of them in prior editions of the newsletter, but as is often the case, we sometimes get more details on other bills as we get closer to convening.
One significant example of this is in SB853, an omnibus of mostly criminal justice programs with sunset dates approaching with one very troubling component. In 2017, Mayor Emanuel’s administration was facing criticism over carjackings in the city. Working with then Senator Kwame Raoul and then House Minority Leader Jim Durkin, a bill creating a penalty enhancement for 2nd or subsequent charges of Unlawful Use of a Weapon was presented. It was paired with a program out of the Cook County Public Defender’s Office that would create a 1st time gun offender diversion program. The original bill had a sunset date in 2022. At the time, there were several of us who pointed out that the problem with carjackings isn’t that there are insufficient laws against it on the books, but that the city had an alarmingly low arrest/clearance rate on carjackings. Similarly, we shared long range studies that showed that longer sentences have no effect whatsoever on crime rates.
In 2022, we saw multiple programs that had been put in place with sunset dates make the case that the pandemic had prevented them from gathering the data necessary to make a meaningful evaluation of the program possible and granted broad latitude in extending sunset provisions. That fall, the combined programs of UUW penalty enhancement and 1st time gun offender diversion were extended to January 1, 2024.
Earlier this year, the Office of the Cook County Public Defender presented a bill removing the sunset provision on the 1st time Gun Offender Diversion Program, citing data showing the program is working. SB424 passed in the spring session and is now law. There were no similar efforts to argue for the extension of the penalty enhancement provision.
When the original bill was presented in 2017, we had a robust debate over the efficacy of penalty enhancements as crime deterrents. In an exchange I won’t soon forget, then Rep. Christian Mitchell challenged then Chicago Police Department Superintendent Eddie Johnson’s assertion that crime rates would fall if police were given this tool. Sup. Johnson doubled down on his argument and claimed that gun crime would be cut in half with the passage of the enhancement.
As we head back to session, there are very real concerns about the effort to quietly extend this significant policy, especially given the lack of evidence to support the claim that it is an effective deterrent against crime. I will be working with my colleagues to ensure that facts drive our decisions in this area. We are fortunate to have good research on these issues through the state’s Sentencing Policy Advisory Council (SPAC). Their Spring 2022 report on both the sentencing enhancement and the diversion program is linked here and makes clear that Superintendent Johnson’s claims were far from accurate. In addition, the office of the Cook County Public Defender has a thorough history of the issue with more data justifying allowing the program to sunset, linked here.
Meanwhile, our annual coat and cold weather gear drive is underway, and the need is greater than ever. Our neighbors never fail to come through for each other and y’all blow me away with your generosity as we work together to meet our neighbors’ needs. Details are further down in the newsletter, including drop off sites around the area.
I’m looking forward to seeing pics from the annual Edgewater Environmental Coalition Pumpkin Smash tomorrow. The event runs from 12-4 at 6040 N. Clark. Here’s a great way to divert a lot of waste and make healthy compost from your Halloween decorations!
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