HB5808 101ST GENERAL ASSEMBLY

LRB101 21624 AWJ 72556 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5808

Introduced 11/10/2020, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-1-15 new
30 ILCS 805/8.45 new

Amends the Illinois Municipal Code. Provides that, not later than 90 days after the effective date of the amendatory Act, each municipality which has a police department must begin performing a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police department and promote community engagement to foster trust, fairness, and legitimacy and to address any racial bias and disproportionate policing of communities of color. Requires adoption of a plan and implementation of the plan no later than January 1, 2022. Provides that the minimum requirements of the plan shall include: reorganization of the police department to include community mental health and social service resources within each police department; and reallocation of a portion of a municipality's police department budget by investing in communities, especially marginalized ones, where much of the policing occurs to provide support to the people and services in those marginalized communities. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY	HOME RULE NOTE ACT MAY APPLY	HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-1-15 as follows:

(65 ILCS 5/11-1-15 new)

Sec. 11-1-15. Reallocation of police department funds; restructure of police departments.

(a) Not later than 90 days after the effective date of this amendatory Act of the 101st General Assembly, each municipality which has a police department must begin performing a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police department and promote community engagement to foster trust, fairness, and legitimacy and to address any racial bias and disproportionate policing of communities of color.

Each mayor of a municipality shall convene the chief of police and stakeholders in the community to develop such plan, which shall consider evidence-based policing strategies, including, but not limited to, use of force policies, procedural justice, any studies addressing systemic racial bias or racial justice in policing, implicit bias awareness training, de-escalation training and practices, law enforcement assisted diversion programs, restorative justice practices, community-based outreach and conflict resolution, problem-oriented policing, hot spots policing, focused deterrence, crime prevention through environmental design, violence prevention and reduction interventions, model policies, and guidelines and standards promulgated by the Illinois Law Enforcement Training Standards Board.

The municipality, in coordination with its police department, must also consult with other stakeholders in creation of the plan, including, but not limited to: membership and leadership of the local police department; members of the community, with emphasis in areas with high numbers of police and community interactions; interested non-profit and faith-based community groups; the State's Attorney; the Public Defender; and local elected officials.

(b) The municipality must create a plan to adopt based upon the recommendations resulting from its review and consultation as provided in subsection (a), including any modifications, modernizations, and innovations to its policing deployments, strategies, policies, procedures, and practices, tailored to the specific needs of the community and general promotion of improved police department and community relationships based on trust, fairness, accountability, and transparency and which seek to reduce any racial disparities in policing.

The plan shall be offered for public comment to all citizens in the municipality and, after consideration of such comments, shall be presented to the city council, which shall adopt the plan by ordinance or resolution, as appropriate, and implement the plan no later than January 1, 2022.

Each municipality shall submit the adopted plan and verification of implementation of the plan to the Governor and the General Assembly by February 1, 2022.

Each municipality shall review and revise, as necessary, the plan at least every 2 years and shall resubmit to the Governor and General Assembly a copy of the reviewed or updated plan.

(c) Each plan adopted and implemented under this Section shall, at a minimum, contain the following components:

(1) Reallocation of some, but not all, police department funds within the current police budgeting to reorganize the police department to include community mental health and social service resources so first responders are those who are best equipped to deal with each situation that requires emergency assistance. Reallocation shall include, but is not limited to, reinvesting police department funds into police department resources for domestic violence and homelessness and to aid funding of schools, hospitals, housing, and food in marginalized communities.

(2) Within each police department, there must be a component of mental health and social services, including, but not limited to:

(A) Ensuring that first responders include mental health providers, social workers, victim advocates, and other community members in less visible roles.

(B) Ensuring that law and order is abetted through education, jobs, and mental health services.

(3) Reallocation of a portion of a municipality's police department budget by investing in communities, especially marginalized ones, where much of the policing occurs to provide support to the people and services in those marginalized communities.

(d) A home rule municipality may not adopt a police department organization or budget in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(e) The provisions of this Section are notwithstanding any other provision of law and, to the extent any other provision of law conflicts with this Section, this Section prevails.

Section 90. The State Mandates Act is amended by adding Section 8.45 as follows:

(30 ILCS 805/8.45 new)

Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 101st General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.