ILGA Joint Criminal Justice Reform Committee 9/23/2014

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The third of 3 scheduled hearings on sentencing reform is to start at 10:00 AM today.

 

I have a 10:30 meeting this morning that shouldn't last long. Any help monitoring the committee will be appreciated.

 

Link to Livestream Feed

 

Link to ILGA Stream

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In his ongoing crusade against gun ownership Mayor Emanuel will, according to WGN this morning, lobby the legislature today to decriminalize marijuana in order to free prison space for firearm related offenses.

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http://www.chicagobusiness.com/article/20140922/BLOGS02/140929974

 

 

Mayor Rahm Emanuel and Chicago Police Superintendent Garry McCarthy are scheduled to be the headliners at a legislative hearing on gun violence tomorrow, and the big question is whether they'll throw their weight behind an emerging compromise that some think actually could pass the Illinois General Assembly.

...

 

The proposal is to shorten penalties for mere possession of small amounts of illegal drugs while lengthening them for big-time dealing and gun offenses. The idea is to focus resources while allowing minority lawmakers to say they've done something beyond just throwing more young African-American and Hispanic men in jail.

...

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The committee is coming to order.

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Marc Levin of Right on Crime is asked to comment on what's worked to reduce incarceration rates in other states

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Mr. Levin speaks of reduced sentencing for low level drug offenses, property crimes, etc.

 

In Illinois, he mentions specifically low level class 4 convictions where state custody is very brief, leaving no time to make a difference. He says it's counterproductive - emphasis should shift to counties.

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Mr. Levin states that it is the swiftness, not the length of punishment that matters.

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"We need to focus on people we're afraid of, not just people we're mad at."

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Touching on "gun offenses", people should keep in mind that homicides are down. The legislature already says that these people (violent offenders) have to serve most of their time behind bars.

 

It's important to maintain some discretion. You don't want a one size fits all.

 

Historically, sentences were shorter in Cook County but that's changed.

 

We need to be holistic in addressing "gun violence".

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I'm away for a bit.

[Hipshot Percussion]

Thank you for the updates!

[Davey]

If pot possession is no big deal then why go after the dealers? Just legalize it already.

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Did anybody notice if Mayor Emanuel or Superintendent McCarthy spoke on any firearm issues?

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Representative Dunkin asks Mr. Emanuel if he could support a bill without mandatory minmums.

 

Mr. Emanuel says he cannot speak to hypothetical legislation.

 

Mr. Dunkin asserts that they do not work.

 

Mr. Emanuel says he has fought for the Brady bill, fought "gun crime", etc and would like to address the challenges faced by the City.

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In response to Mr. Dunkin's question as to whether the City has hired more officers to address the problem, Mr. Emanuel speaks of officer reassignments, overtime, etc.

 

Mr. Dunkins wnders how much has been spent on overtime.

 

Mr. McCarthy answers $90,000,000 but that it shouldn't be looked at in dollars and cents.

 

Mr. Dunkin states that some look at it differently. That it's taking money from the state that could be used for health care and other programs.

 

Mr. Dunkin wonders why that shouldn't be spent hiring more officers.

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Mr. Dunkin asks Mr. Emanuel if the violence was happening in Lincoln Park, Ravenswood, areas that are not a "black or brown community", how would he rate Mr. McCarty's job performance.

Mr. Emanuel says Mr. McCarthy is doing a fine job.

With an edge on his voice and a finger pointing at Mr. Dunkin, Mr. Emanuel expresses how happy he is to have the Representative's help with Chicago crime.

Representative Dunkin is perhaps too congenial to respond in kind regarding Mr. Emanuel's help with state matters.

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Representative Nekrtiz asks Mr. Emanuel if he will be providing "data driven" suggestions in regard to his mandatory minimum proposal.

 

He does not answer directly, and is assured by Ms. Nekritz that they will be looking for data driven ideas.

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After reintroducing Marc Levin, Senator Noland asks him for a policy view regarding mandatory minimums and the "discretion we should allow judges".

 

Mr. Levin reminds him that offenders already serve 85%. He states that there are so many thousands of offenses now that prosecutors choose what to charge, whether to stack, and that works against uniformity in sentencing.

 

He does think there's room for more police discretion.

 

Adds that virtually any offense committed with a gun already carries a mandatory minimum and he sees no need for additional minimums related to guns in Illinois.

 

Senator Noland reiterates that final sentence, seemingly for emphasis.

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Representative Reboletti asks Mr. Levin about judges giving 2 or 3 chances. Wonders when the "music stops".

 

Mr. Levin suggests that if a judge isn't following the law there out to be a method for a prosecutor to appeal.

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Senator Noland introduces Christine Hermann, Program Director of the Center for Sentencing and Corrections.

 

She will speak on what's happening in other states.

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Ms. Hermann state that the US is number in the world for rates of incarceration, double that of Iran for example.

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In regard to mandatory sentencing, in the 1980's and 1990's the US and many states enacted "truth in sentencing" laws. This reflected a consensus the incarceration should be the main method of crime control.

 

There is now a shift in that thinking. Incarceration is our most expensive form of control and is bankrupting us. It isn't justified by other state's experience.

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Putting people in prison actually increases recidivism. One theory is that is because prisons are violent places. People learn how to be violent there.

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Representative Zalewski asks Ms. Hermann to make Illinois specific recommendations.

 

Mr. Hermann mentions Georgia's increased threshold for felonies, keeping people out of prison.

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Ms. Hermann says that she was a prosecutor for many years and it challenger her to recognize what they had been doing was wrong. She says Illinois should follow the evidence, not just do what has always been done.

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Senator Raoul asks to what extent risk assessment has been used for illegal possession of a firearm. Uses the example of a boy who has done noting wrong but is being threatened by a gang. Wonders about about remiving a judge's discretion.

 

Mr. Hermann does not have specific data but says we must look at the individual, find a way to "get them to a better side". Adds that there are no guarantees, but says we should increase our options.

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Senator Raoul asks about "gun court" as a way to approach things on a case by case basis instead of a one size fits all basis.

 

Ms. Hermann agrees that one size fits all does not work. Adds that she has not heard of specialty courts for guns.

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Senator Raoul inquires about felony enhancement without looking at what that prior conviction was.

 

Ms. Hermann answers that some states have looked at enhancements for prior felony gun convictions.

[Talonap]

In regard to mandatory sentencing, in the 1980's and 1990's the US and many states enacted "truth in sentencing" laws. This reflected a consensus the incarceration should be the main method of crime control.

 

There is now a shift in that thinking. Incarceration is our most expensive form of control and is bankrupting us. It isn't justified by other state's experience.

 

How about bringing back capital punishment? A lot cheaper and no repeat offenders.

[Helpdesk9]

 

in order to free prison space for firearm related offenses.

ROFLMAO