The Daily Egyptian is published by the students of SIU at Carbondale. Except during vacations and exam weeks,
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Illinois' criminal justice system received a face-lift last week as Gov. Rod Blagojevich signed a sweeping six-bill package to erase any doubts that naysayers may have about the state's justice system.
As Blagojevich signed House Bill 223, Illinois became the first state to enforce a law that requires police to record all custodial interrogations and confessions in homicide cases.
The signing of this bill, sponsored by state Sen. Barak Obama, D-Chicago, and Rep. Monique Davis, D-Chicago, came after 13 death row inmates in Illinois who were exonerated because DNA testing proved that they were innocent.
"The governor wants to reform the credibility of the Illinois criminal justice system," Davis said. "And this is just one small step to bringing that credibility back."
By allowing judges and juries to hear a defendant's response and see the defendant's physical and mental state during police questioning, it erases any question of forced coercion.
"It will be a lot easier for us to record confessions now," said Chief R.T. Finney of the Carbondale Police Department. "We won't have to request permission to record an interrogation."
Finney said that under current law, suspects are able to decide whether or not they want their statements recorded
Any statements that are taken in violation of the new law will be inadmissible in a court of law. However, if an unrecorded statement is voluntary and reliable, it can be used.
Law enforcement units have two years from last Thursday, when the governor signed the bill, to establish some form of recording procedures.
Alaska and Minnesota were forced to adopt similar requirements in response to court decisions in 1985 and 1994 respectively.
Senate Bill 30, also sponsored by Obama and Davis, will attempt to eliminate racial profiling by helping law enforcement determine the role that race plays in police stops.
The new law, which goes into effect Jan.1, will require police officers to document the assumed race of every person that is pulled over for a traffic violation. The Illinois Department of Transportation will collect and analyze the data and release its findings every July, beginning in 2005 and ending in 2007.
Finney said that in preparation of a law similar to Senate Bill 30, traffic tickets have had a place to mark the race of the person who has been pulled over for the past two years. Although the Carbondale Police Department currently collects some of the data, the new law will require some additional work on the part of the department before transmitting information to IDOT.
Davis described cases where a few officers had pulled over individuals because of the color of their skin. The officers would walk around, find nothing and then continue to look around, moving from the glove compartment to the trunk of the vehicle. The officers would then ask the person who had been pulled over to sit on the side of the curb or lean over the trunk. And when all is said and done, nothing had been found, but the person would be left a "diminished" man.
The new law also provides for enhanced cultural diversity training and sensitivity training that relates to racial profiling during traffic stops.
"We have someone come in and help us with training every couple of years," Finney said. "Officers also receive training from their academies before they come into our department"
Senate Bill 423, sponsored by state Sen. Kimberly Lightford, D-Maywood, and Rep. Larry McKeon, D-Chicago, will require law enforcement to automatically erase the arrest record of a person who is found innocent after having been convicted. It also requires courts and the Illinois State Police to seal the records after three years if they are not convicted or put on supervision during that time. Those that have been convicted of a misdemeanor can have their records sealed after four years of good behavior.
Senate Bill 788, which was sponsored by Rep. Connie Howard, D-Chicago, allows those who have been convicted of a misdemeanor to have their records sealed after four years of good behavior. Anyone who has been arrested for a misdemeanor and then acquitted, sentenced to supervision or had their conviction reversed, can ask the court, local police and state police to seal their records after three years if they are not put on supervision or convicted of other offenses during that time.
"About four years ago, I recognized the seriousness of this situation within the state of Illinois," Howard said. "There are many individuals who have been convicted of misdemeanors who have had difficulty moving on with their lives. This bill will assist eligible individuals in finding employment opportunities and supporting their families.
According to Howard, this process is different from expunging the records. This law allows some individuals to have their records removed from public scrutiny. The police can still view records while undergoing investigations, but potential employers cannot see their past record, Howard said.
House Bill 3316, which was sponsored by state Sen. Rickey Hendon, D-Chicago, and Rep. Arthur Turner, D-Chicago, will create a program that intends to reduce the number of ex-offenders who go back to correctional facilities by finding them steady jobs.
The law requires the Department of Human Services to include the Department of Corrections in their attempts to find jobs for individuals, including ex-offenders, who have trouble finding jobs.
"This has been one of my concerns for some time," Turner said. "The highest percentage of ex-offenders is released into my disrict. The goal of this bill is to reduce recidivism. When ex-offenders get out, a large majority of them do not have a driver's license or ID - nothing to say who they are.
"These people have no formal training, in the means of today's technology. We hope to help these men and women by creating opportunities of gainful employment."
House Bill 569, sponsored by Obama and Rep. Mary O'Brien, D-Watseka, allows ex-offenders to show potential employers and licensing authorities in 15 specific professions that he or she has shown good conduct and should be relieved of disabilities relating to his or her crime.
This law will also extend the law prohibiting attempted disarmament of a police officer to cover correctional employees.
The law enforcement of the SIUC Police Department and the Carbondale Police Department both have said that they are in favor of what the new laws can bring.
"We are committed to anything that enhances the integrity and accountability of law enforcement," said Capt. Todd Sigler of the Carbondale Police Department.
