Criminal Justice Update - Member Survey - part 2

    In order for the League to speak as the League, whether at the national, state or local level, the League must have a position supporting what we are saying.  A position is formally adopted by the League members by vote after a consensus study. If the LWVUS wishes to adopt a position, it asks all state and local Leagues to do a consensus study and the results are submitted to LWVUS for members to vote on at the next Convention.  Similarly, if LWVIL wishes to adopt a position, it asks local Leagues to do a consensus study on the topic and then submits the consensus position of the various Leagues to a vote at its next convention. A position adopted by LWVUS can be used by local leagues to speak out on local, state and national issues. The same process applies to State League positions. This can be a slow and cumbersome process, but it guarantees thoughtful consideration of important issues, support by grassroots members and is geared to being able to speak as a League to issues which are both major and long term.  

    LWVIL determined that its position on Criminal Justice was out of date. It had not been revised in 25 years. LWVIL has asked each local League to do a consensus study of issues which will go into a position to be voted on at the 2021 State Convention. The LWVIL supplied materials supporting both Pro and Con positions of the issues which it is surveying.. These supporting materials may be found at: this link.   Because it is necessary to have the position address many long term issues, some of the suggested positions may seem very self-evident and basic. Questions which the LWVCC committee determined were not likely to generate controversy will be submitted to members in a survey form.  More controversial issues will be discussed at the Consensus meeting scheduled for January 27, 2021 at 6:30 pm.

    Please read these questions, record your response, and feel free to comment.  These answers will be used to determine if our League has reached consensus on this issue.  When reporting our results to LWVIL, we will include comments made by you.

    Consensus Questions

    7.  Pre-Trial Procedures
    Existing Position:  The League supports a bail bond system to ensure court appearances, but opposes a system of bondsmen who provide bail monies for fee.  Financial ability should not be a criterion for pretrial release  Thorough evaluation and investigation should precede the use of release on Recognizance.  

    Consensus Question:
    Should the League’s existing position be revised based on consensus regarding the use of cash bond; holding defendants only if they are a flight risk or danger to society through the use of transparent risk assessments designed to be non-prejudicial against certain populations and to be considered by the bond court judge; and should defendants be provided with reminders of court appearances and should an attorney or public defender be present for all defendants at all hearings?
    ​
    LWVCC Committee Position:
    It is apparent that bail is a wealth-based barrier and supports the abolition of cash bail with the proviso that a system which only holds those individuals who pose a flight risk or a risk to public safety be held.  The determination and assessment should be conducted through a risk assessment tool which does not discriminate on the basis of race, gender, education level, or socio-economic status.  The criminal justice system should also ensure that defendants are provided with reminders of upcoming court appearances, and an attorney or public defender should be available for all defendants at all hearings.

    Survey Question:
    Do you agree that the League’s current position on Pre-Trial Procedure should be deleted and revised to support procedures that discontinue a system of cash bond and develop a system of risk assessment for offenders to determine appropriate release, as well as assurance that defendants are provided with reminders of court hearings and legal counsel at all hearings?
    10.  Courtroom Procedures and Access
    Existing Position:  The League supports improvements in criminal procedures that serve to minimize confusion and delay and increase fairness and efficiency.  Trials should be prompt, with a limit on the time the accused can be held in jail prior to trial.  Sufficient numbers of well-trained judges, assistant state’s attorneys, public defenders and other court personnel are essential.  Uniform standards should be used for appointing public defenders.  
    ​
    Consensus Question (adding to existing position):
    Should barriers to and within the courthouse and courtrooms be eliminated whenever possible?

    LWVCC Committee Position:
    Yes, barriers should be eliminated whenever possible.  Barriers may include physical impediments to people with such disabilities as hearing vision, or speech.  A barrier could be a problem with sound so that not all re able to hear the proceedings.  A barrier might be insufficient time to fairly conduct a hearing.  When resources are being considered, or construction or reconstruction is proposed, part of the review process should be to consider physical and system barriers to access to justice. 

    Survey Question:  
    Do you agree that barriers to and within the courthouse and courtrooms should be eliminated whenever possible?
    12. Illinois Department of Corrections 
    Existing Position:
    • The League supports correctional services that conform to national professional standards.
    • The League believes that offenders are entitled to mail, telephone calls, visits from relatives, extended family visits, furloughs, the opportunity to voice grievances, and access to information in their case.
    • Education and job training for inmates should be provided in conjunction with the boards of education, private industry and unions.
    • The League supports pre-release planning to bridge the gap between prison and the community. 
    • The League supports mandatory supervised release and the provision of community services to offenders, particularly when first released. Technical violations of mandatory supervised release need to be carefully defined and uniformly reported. 

    Consensus Question:
    12a. Should offenders be entitled to humane treatment and access to healthcare?

    LWVCC Committee position: The only possible argument against this is that costs too much. But if we can’t afford humane treatment and healthcare, we need to have fewer people in prison until we can afford it.

    Survey Question:  
    Do you agree that offenders should be entitled to humane treatment and access to healthcare?
    Consensus Questions
    12b. Should all programs be evidence-based or based on best practices?
    12c. Should all rehabilitative and evidence-based programs be made available to
    all for whom they are appropriate?
    12d. Should programs be tailored according to individual needs?
    12e. Should all offenders have access to program credits?

    LWVCC Committee position:
    We, as a society, need to transform our goal of putting offenders in prison from punishment to rehabilitation.  And rehabilitation doesn’t happen without individualized programs. So we support all these positions.

    Survey Question:
    Do you agree with the LWVCC Committee position regarding 12b, 12c, 12d and 12e?​
    13. Post Incarceration and Sentence Completion:  From recidivism to successful re-entry.

    Existing Position:  None

    Consensus Question: 
    ​Should all unnecessary barriers encountered by people with criminal records which hinder their successful return to society after completion of sentences be removed, including giving those individuals with criminal records access to the same income-based support opportunities and services that are available to others in society and for which they would otherwise qualify?

    LWVCC Committee Position:
    The most important solution to this issue is for the public to change its mindset about persons with criminal records.  Although these individuals have made bad, even terrible choices, they have been considered qualified to re-enter society.  It is in the public’s interest to assist these individuals to successfully re-enter society.  Measures to be implemented that can promote this societal change include enhanced and rehabilitative programming in the Department of Corrections to better equip these individuals’ return to society; legislation to incentivize employers and landlords to employ and rent to persons with criminal records; to “ban the ox” on employment and college applications; to liberalize the requirements for the expungement and sealing of records; and additional investment in underserved communities.

    Survey Question:
    Should unnecessary barriers encountered by persons with criminal records be removed to enable their successful transition back into society?
    14. Funding
    Existing Position:
    Funding: The League believes that the criminal justice system must be adequately funded in order to carry out its goals.  Funding of specialized programs for offenders, such as mental health services, programs for female offenders and substance abuse treatment, is essential.

    The League supports funding to guarantee humane prison conditions and to provide programs and services that offer the opportunity for self-improvement.  The League believes that state funds should emphasize community- based sanctions. [ over the construction of more prisons.] and treatment instead of incarceration. 

    Consensus Questions: 
    ​    Should state funding emphasize community-based sanctions and treatment instead of incarceration?

    LWVCC Committee Position:
    Support proposed recommendation to focus on program-based community solutions in lieu of incarceration when appropriate. Rehabilitation should be favored over punishment.

    Survey Question: 
    Do you agree that state funding should emphasize community-based sanctions and treatment instead of incarceration?
    Consensus Question 14c.
    Addition:
    Should all program funding be periodically evaluated for its effectiveness and to ensure that proper offender populations are being served?

    LWVCC Committee Position:
    Funding is always among the most difficult of issues because the needs always outstrip the resources available. In order to put the limited resources where they are most needed, ongoing programs should be subject to review for effectiveness.

    Survey Question: 
    ​Do you agree that program funding should be reviewed and evaluated for its effectiveness and to ensure that proper offender populations are being served?
    You have now completed the LWVCC Criminal Justice Update Consensus Survey No. 2. 

    Please hit “SUBMIT” to send your response.

Contact Information

League of Women Voters of Champaign County, Urbana, IL 61803-201   
   Website: lwvchampaigncounty.org 
   Email:  info@lwvchampaigncounty.org 
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