Governor Rauner, Illinois Lawmakers Weigh in on New Pre-Arrest Diversion Legislation

(Chicago) — Illinois lawmakers weighed in on the significance of Senate Bill 3023, signed on Wednesday by Governor Bruce Rauner. The first state legislation to authorize a comprehensive array of pre-arrest diversion program approaches, it supports law enforcement officers in creating handoffs to community-based treatment when they see people who have overdosed or are showing other signs of substance use disorder.

“Our police officers want to help us solve the problem, not just punish people,” said Rauner. “This effort builds community and allows our law enforcement and peace officers a way to give people help instead of a criminal record.”

The legislation supports “deflection” of individuals with substance use problems away from the justice system and into addiction treatment services. Traditionally, law enforcement has been faced with two options: arrest or walk away. Deflection provides a third option: connecting people to treatment and/or other social supports.

Chief sponsors Senator Melinda Bush (D-Grayslake), Senator Tim Bivins (R-Dixon) Representative Marcus C. Evans, Jr. (D-Chicago) and Representative Tom Demmer (R-Rochelle) spoke of its significance.

“We know the factors involved with treating mental health and substance abuse are multilayered and complex,” said Bush. “Early detection is key, as both issues can manifest into a lifetime of challenges if left untreated.”

“Substance abuse contributes to crime, hurts Illinois families and deteriorates communities,” said Evans. “Our Illinois law enforcement and human services leaders understand this reality, and I applaud their support of a solution in the form of SB 3023. I am happy to see this community- and family-improving idea become law.”

The bill originated based on the successes of the Safe Passage program in Dixon and A Way Out in Lake County, Illinois.

Demmer, whose district includes Dixon, lauded the role of the Safe Passage program as a model for the legislation. “Dixon has had great success with 215 people placed directly into treatment over incarceration,” he said. “This has resulted in a 39 percent reduction in arrests for drug crimes, as well as properly deflecting people to get the medically driven substance abuse help they need instead of making it difficult for them to get help because of a criminal record.”

“This new law focuses on preventive measures in dealing with the opioid crisis and other substance abuse issues,” said Sen. Tim Bivins (R-Dixon). “It partners law enforcement agencies with licensed substance abuse service providers to treat individuals with substance abuse problems before they are arrested. Getting these individuals help before they enter the jail system will make it easier for them to resume their daily routines later without a criminal record, and will reduce the burden on local jail and court systems.”

“Deflection programs provide police officers with another option when dealing with someone they believe may have opioid or other substance abuse problems,” said Sen. Dan McConchie (R-Hawthorn Woods), who also sponsored the bill. “Continuously arresting and locking up such troubled individuals rarely fixes their underlying issue. It is my hope that with these deflection programs, we can get people the treatment and help they need to get better.”

Advancing Pre-Arrest Diversion in Illinois and Nationally

Leaders of the Safe Passage and A Way Out initiatives — Dixon City Manager and former Police Chief Danny Langloss and Police Chief Eric Guenther of Mundelein in Lake County, respectively — worked with TASC to spearhead the legislation.

“Senate Bill 3023 is the first of its kind legislation and recognizes a paradigm shift in law enforcement’s approach to those who struggle with substance use,” said Guenther. “I am very proud to have been a part of creating this legislation.”

“This is a hopeful day for Illinois law enforcement and those suffering from substance use disorder,” said Langloss. “The national opioid epidemic continues to impact every community. More than 72,000 Americans lost their lives last year to drug overdose. Behind every death there is a family. With this bill, the police now have new programs at their disposal that save lives and make our communities safer.

“We saw the successes of Chiefs Guenther and Langloss as meaningful and timely, and we wanted to help bring these opportunities for treatment to residents across the state,” said TASC President Pam Rodriguez. “From our work in the justice system, from police to parole and all points between, we’ve seen that public policy can serve as a launching pad for significant progress. This legislation is an example of that.”

As police departments across the country began developing programs in response to the opioid crisis at an increasing pace, TASC’s Center for Health and Justice identified five overarching pathways by which law enforcement was diverting or “deflecting” people away from arrest and into treatment, housing, and social supports in the community. Building from this work, Jac Charlier, national director for justice initiatives at TASC, co-founded the Police, Treatment, and Community Collaborative (PTACC), a national alliance of practitioners in law enforcement, behavioral health, community, advocacy, research, and public policy working to strategically widen  community behavioral health and social service options available through law enforcement diversion.

PTACC has illustrated these five pathways by which police departments are making connections to community-based treatment and social services; law enforcement and community partners can choose any or all of these pathways based on local needs and resources.

“Based on TASC’s and PTACC’s work identifying, communicating, and shaping deflection concepts and strategies nationally, it’s gratifying to see my home state of Illinois take the lead in shaping this public policy,” said Charlier. “We are seeding a national movement for the newly emerging field of deflection and pre-arrest diversion, which promises to reshape the relationship between law enforcement, behavioral health, and our communities to better respond to people with serious mental illness, save lives in the opioid epidemic, make our neighborhoods safer by reducing crime, and allowing police to better focus their resources on crime fighting.”

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Governor Signs Illinois Law Enforcement Diversion Bill, First of Its Kind in the Nation

(Springfield) – Illinois Governor Bruce Rauner signed groundbreaking legislation on Wednesday that authorizes local law enforcement leaders and community partners to create local programs that “deflect” individuals who have substance use problems away from the justice system and into addiction treatment services.

Senate Bill 3023, also known as the Community-Law Enforcement Partnership for Deflection and Substance Use Disorder Treatment Act, sponsored by Senators Melinda Bush (D-Grayslake) and Tim Bivins (R-Dixon) and Representatives Marcus C. Evans, Jr. (D-Chicago) and Tom Demmer (R-Rochelle), encourages partnerships between law enforcement, substance use treatment providers, and community members to guide the development of deflection programs in their communities.

As part of a package of critical legislation to support access to treatment for substance use and mental health disorders, Governor Rauner also signed SB682, which removes prior authorizations for certain levels of substance use disorders; SB1707, which adds critical parity enforcement and transparency provisions to the state law; SB2951, which pilots an early mental health treatment program, and SB3049, the Medicaid Telehealth Act.

“The members of the General Assembly delivered great results,” said Governor Rauner at a signing ceremony at the Memorial Center for Learning and Innovation in Springfield. “Illinois is now a proud leader in these efforts. I’m honored and proud to sign these five bills.”

Among the law enforcement leaders attending the signing ceremony were Mundelein Police Chief Eric Guenther and Dixon City Manager and former Police Chief Danny Langloss, who, along with TASC, helped conceptualize SB3023. The legislation was informed by Guenther’s and Langloss’ direct experience leading pre-arrest diversion programs (also known as law enforcement “deflection” programs), as the police departments of Mundelein and Dixon already operate such programs.

“Senate Bill 3023 is the first of its kind legislation and recognizes a paradigm shift in law enforcement’s approach to those who struggle with substance use,” said Guenther. “I am very proud to have been a part of creating this legislation.”

“This is a hopeful day for Illinois law enforcement and those suffering from substance use disorder,” added Langloss. “The national opioid epidemic continues to impact every community. More than 72,000 Americans lost their lives last year to drug overdose. Behind every death there is a family.

“With this bill, the police now have new programs at their disposal that save lives and make our communities safer,” he said.

“With the passage of Senate Bill 3023, Illinois is leading the way on police deflection to substance use treatment,” said TASC Policy Director Laura Brookes. “These programs provide an immediate warm hand-off to treatment, and give police a new tool for getting people the help they need even before crisis sets in.”

The Illinois Criminal Justice Information Authority (ICJIA) will lead the development of a set of minimum data to be collected in such programs and, for those that receive funding, serve as a performance measurement system.

“The data collection provisions mean that departments will be able to improve their programs and allow equal access to them regardless of race or ethnicity or any other factors,” said Brookes.

“We thank Governor Rauner, the bill’s sponsors, our partners in law enforcement, and all who supported this landmark legislation.”

Among the many groups filing their support for the bipartisan legislation were the League of Women Voters of Illinois, Illinois State University Police, the Illinois State Medical Society, the Illinois Association of Chiefs of Police, Illinois State’s Attorneys Association, the Chicago Urban League, and the City of Chicago Heights.

SB3023 becomes effective on January 1, 2019.

August 22, 2018 signing of Illinois Senate Bill 3023 (l. to r.): Chief Steve Howell (Dixon Police Dept.), Laura Brookes (TASC), Chief Brian Fengel (Bartonville Police Dept. and President of IL Assn. of Chiefs of Police), IL Governor Bruce Rauner, Chief Eric Guenther (Mundelein Police Dept.), Chief Dan Ryan (Leland Grove Police Dept.), Danny Langloss (City of Dixon), and Jeff Ragan (Dixon Police Dept.)

August 22, 2018: Governor Bruce Rauner signs five bills supporting access to substance use and mental health treatment, flanked by advocates including Sara Howe (left), CEO of the Illinois Association for Behavioral Health.

Governor Rauner Signs Bipartisan Criminal Justice Reform Legislation at TASC

(Chicago) – Illinois Governor Bruce Rauner, accompanied by bill co-sponsors State Senator Kwame Raoul (D-13) and State Rep. Jehan Gordon-Booth (D-92), signed bipartisan criminal justice reform legislation at TASC on March 10.

SB2872, also known as the Neighborhood Safety Act, increases trauma recovery support services for crime victims, strengthens judicial discretion to mandate individuals to probation and addiction treatment services in the community instead of prison, and expands opportunities for rehabilitative programming within Illinois prisons.

Watch a video of the March 10 bill signing here, including remarks from Governor Rauner; Senator Raoul; Representative Gordon-Booth; John Maki, executive director of the Illinois Criminal Justice Information Authority; Lisa D. Daniels, founder of the Darren B. Easterling Center for Restorative Justice; and Lenore Anderson, president of the Alliance for Safety and Justice.

The legislation advances recommendations of the Illinois State Commission on Criminal Justice and Sentencing Reform in its final report, including giving further discretion to judges regarding whether certain offenses may be appropriate for probation.

“By increasing access to rehabilitation services and alternatives to incarceration, this bill helps to support families, build communities, and reduce the number of people in prison and associated costs,” said TASC President Pam Rodriguez, a member of the Governor’s commission, which seeks to reduce Illinois’ prison population by 25 percent by 2025.

“TASC strongly supports these legislative reforms,” said Rodriguez. “We applaud the Governor, Senator Raoul, Representative Gordon-Booth, all the bill co-sponsors, and our community partners for their leadership in bringing about these important reforms.”

Governor Rauner signs SB2872 at TASC. Left to right: John Maki, Illinois Criminal Justice Information Authority; IL Senator Kwame Raoul; IL Representative Jehan Gordon-Booth; IL Governor Bruce Rauner; Lisa D. Daniels, Darren B. Easterling Center for Restorative Justice; Lenore Anderson, Alliance for Safety and Justice.

New Illinois Laws Remove Employment Barriers for People with Criminal Records

(Chicago) – Job seekers with past justice involvement have new opportunities for employment this year, thanks to a series of bills passed by the Illinois General Assembly and signed by Governor Bruce Rauner in 2016. These measures, which TASC supported, reduce or eliminate a number of employment barriers for individuals with past offenses.

These new measures include: restoring hiring discretion to employers by removing lifetime bans on jobs in schools and park districts; removing a similar ban on licensure to qualify for certain healthcare jobs; removing “red flags” on the State’s healthcare worker registry for jobs in the field that do not require licenses; and prohibiting professional licensure denials in seven specific occupations solely because the applicant has a criminal record unrelated to the occupation.

Together, these initiatives improve opportunities for people with prior justice involvement to work and earn income to support their families, pay taxes, and contribute to their communities.

“These laws help remove some of the lasting employment barriers that have hindered people long after they have paid their debt to society,” said Laura Brookes, TASC’s policy director. “We congratulate everyone who led and supported these measures.”

HB 4360, sponsored by State Rep. Kelly Cassidy (D-14) and State Senator Patricia Van Pelt (D-5), removes the lifetime ban on employment in schools for individuals with controlled substance convictions or misdemeanor cannabis, prostitution, or public indecency records, replacing the controlled substances ban with a seven-year waiting period. SB 3005, sponsored by State Senator Jacqueline Collins (D-16) and Representative Cassidy, makes similar changes with regard to employment within local park districts. Further, the bill removes the permanent ban on park district jobs for people adjudicated for a drug offense as a juvenile.

SB 42 and HB 4515 remove barriers to jobs in healthcare for people with criminal records. SB 42 removes a lifetime ban on licenses for healthcare jobs from the Illinois Department of Financial and Professional Regulation (IDFPR) for individuals with certain offense records, replacing it with a three- or five-year ban instead, depending on circumstances. The bill, sponsored by State Senator Iris Martinez (D-20) and State Rep. Camille Lilly (D-78), enables IDFPR discretion to decide whether to grant a license in any particular case. Rep. Lilly and Senator Don Harmon (D-39) sponsored HB 4515, which changes the focus of the Health Care Worker’s Registry to an individual’s ability to work and not whether or not he or she has obtained a waiver, which in some cases has acted as a “red flag” hindering employment opportunities rather than opening them up. The law also removes misdemeanor cannabis crimes from the list of disqualifying offenses.

HB5973, sponsored by State Rep. Marcus Evans (D-33) and State Senator Kwame Raoul (D-13), removes barriers to employment in barbering, cosmetology, esthetics, hair braiding, nail technology, roofing, and funeral service for people with criminal records.

Advocacy for the school, park district, and healthcare employment bills was driven by FORCE (Fighting to Overcome Records and Create Equality), an initiative of the Community Renewal Society led by people with records and their families and faith communities to “create change and seek justice for people with records,” and RROCI (Restoring Rights and Opportunities Coalition of Illinois), led by Cabrini Green Legal Aid, Chicago Coalition for the Homeless, Community Renewal Society, and Heartland Alliance. The occupational licensure bill was a joint initiative of the Safer Foundation and the Illinois Policy Institute.

 

 

National Reentry Week Highlights Key Elements of Criminal Justice Reform

The U.S. Department of Justice has designated April 24-30 as National Reentry Week, highlighting efforts to support successful community reintegration for men and women who have been incarcerated.

Renewed community reentry strategies are part of a wave of criminal justice reforms across the country. These initiatives involve reversing decades-old policies and practices that not only have fueled record incarceration rates, but also have created substantial reentry barriers for people who have paid their debt to society. Such barriers include practices and policies that bar or inhibit people with offense records from accessing rehabilitative care, employment, and affordable housing.

The collateral consequences of a criminal conviction extend beyond the direct consequences issued by a sentencing court. These penalties and disadvantages are now well understood to contribute to stubborn recidivism rates. According to Department of Justice data, half of those released from state prisons returned within three years. Illinois’ recidivism rate mirrors the national trend, with 47 percent of individuals released from prison returning within that time frame.

Compounding the harms of collateral consequences are disproportionately high rates of substance use disorders among incarcerated individuals, and sparse treatment and recovery support within institutions and following incarceration. Research has identified problem substance use as a “criminogenic” need—a dynamic risk factor that can be changed—and it is increasingly recognized by reform efforts that seek to apply evidence-based approaches to reduce recidivism.

Reentry in Illinois

Faced with a prison population that increased by 650 percent since the 1970s and a system built to house 32,095 individuals with greater than ten thousand more than that currently behind bars, Illinois has undertaken efforts in recent years to reverse these trends.

In 2014, the Illinois state legislature convened a bi-cameral, bi-partisan Joint Criminal Justice Reform Committee to examine the current system, study the impact of current sentencing structure, and consider strategies for reform. In 2015, Governor Bruce Rauner issued Executive Order 15-14, creating the Illinois Criminal Justice and Sentencing Reform Commission, and tasking it with a goal of mapping out strategies to decrease the state prison population by 25 percent within 10 years. TASC President Pam Rodriguez is an appointed member of the Commission.

In its work to date, the Commission has affirmed that appropriate substance use treatment not only helps address the health and social problems among those involved in the justice system, but also decreases crime and recidivism:

“Building community capacity to address the criminogenic needs of offenders, such as behavioral health services, job training, and access to social services, is critical to reducing the prison population safely and sustaining the reduction over time.”

“Recommendation 12—Enhance rehabilitative programming in IDOC. Implement or expand evidence-based programming that targets criminogenic need, particularly cognitive behavioral therapy and substance abuse treatment. Prioritize access to programming to high-risk offenders. Evaluate those programs identified as promising and eliminate ineffective programs.”

Successful Reentry Models

Proven, evidence-based, and nationally recognized reentry models already exist in Illinois. The Sheridan and Southwestern prison drug treatment and reentry programs offer drug treatment services, both within the prison facility and in communities after release, and comprehensive reentry services, including TASC reentry case management and recovery support.

The programs have been rigorously evaluated. Individuals in the Sheridan prison reentry program have a 15 percent lower likelihood of return to prison within three years of release than comparable releasees who did not receive these services. Those successfully completing the program had even better recidivism outcomes, with a 44 percent lower likelihood of return to prison. The program operated at Southwestern Correctional Center has demonstrated comparable outcomes. A subsequent evaluation of the Sheridan program found that its recidivism benefits were still intact seven years after release.

Additionally, the programs were found to have generated combined annual savings of $5 million in reduced incarceration costs.

“There is substantial research on what works in reentry policies and practices,” says Rodriguez. “The more that our public systems, communities, and families understand and apply this knowledge, the more successful we can be together in reducing recidivism and restoring men and women to full citizenship in communities.”

TASC Public Policy Priorities

At local, state, and federal levels, TASC supports public policies that reduce incarceration and create healthier communities. Our policy priorities are to:

1. Shrink the justice system by diverting eligible people away from prosecution and incarceration and into community-based services, as soon as appropriate.

2. Create pathways for successful reentry after justice involvement, and reduce barriers that inhibit success.

3. Promote evidence-based strategies in substance use and mental health disorder prevention, treatment, and recovery.

4. Expand community capacity to treat mental health and substance use disorders, adapting to changing environments.

TASC President Pam Rodriguez serves on Governor Rauner’s Illinois State Commission on Criminal Justice and Sentencing Reform, and she has been honored by the White House for advancing system-wide justice interventions for people with substance use disorders. Rodriguez and TASC Founder Melody Heaps are featured in a White House video describing TASC as a model for reducing incarceration and increasing access to community-based healthcare and recovery.

For more information on TASC’s public policy activities, please visit our Center for Health and Justice.

TASC President Appointed to Governor Rauner’s Criminal Justice Reform Commission

(Springfield) – TASC President Pam Rodriguez has been appointed to Governor Bruce Rauner’s Illinois State Commission on Criminal Justice and Sentencing Reform.

Established by the Governor’s executive order in February, the new Commission will examine all aspects of Illinois’ criminal justice system, sentencing practices, community supervision, and the use of alternatives to incarceration.

Twenty-eight members were named to the Commission, including lawmakers, researchers, nonprofit leaders, and criminal justice experts. Former U.S. Attorney Rodger Heaton, who was named in January to serve as the state’s public safety director, will chair the Commission.

A primary goal of the Commission is to issue recommendations to reduce the population of the state’s crowded prisons by 25 percent within 10 years.

“With the state’s leadership and all of us working together, I feel confident that we can achieve that goal sooner,” said Rodriguez, a projection she echoed in an interview with WICS in Springfield on Wednesday.

“We know what works,” she said. “We have an opportunity to implement evidence-based alternatives to incarceration on a far broader scale, and at the same time achieve better results in terms of cost savings and reduced recidivism.”

The Commission will issue its initial findings and recommendations to the Governor by July 1, and a final report to the Governor and the General Assembly by December 31, 2015.

TASC President Pam Rodriguez, named to Governor Rauner's criminal justice reform commission, is interviewed by WICS Newschannel 20 at the Illinois Capitol in Springfield.

TASC President Pam Rodriguez, named to Governor Rauner’s criminal justice reform commission, is interviewed by WICS Newschannel 20 at the Illinois Capitol in Springfield.