The issue of police use of force has garnered significant attention in recent years, leading to calls for reform and greater accountability. In Illinois, policies governing the use of force by law enforcement have been shaped by historical events, legislative changes, and evolving community expectations.

Historical Context and Policy Evolution

Historically, police use of force policies in Illinois, as in many other states, were largely defined by individual police departments, leading to a lack of uniformity and consistency. These policies often focused on providing officers with discretion in the field, with minimal emphasis on de-escalation or community engagement. Over time, high-profile incidents involving police use of force, both within Illinois and nationally, have prompted calls for more comprehensive and standardized policies.

Overview of Existing Policies

The Illinois Criminal Justice Information Authority (ICJIA) provides a detailed overview of police use of force policies and the research surrounding them. These policies generally include guidelines on the acceptable use of force, officer training requirements, and accountability measures. Key components typically covered are:

• Definitions and Justifications: Clear definitions of what constitutes use of force and the circumstances under which it is justified. This includes differentiating between various levels of force, from verbal commands to deadly force.

• De-escalation: Emphasis on the use of de-escalation techniques to resolve situations without resorting to force. Officers are trained to use communication and other non-violent means whenever possible.

• Reporting and Accountability: Requirements for documenting and reporting use of force incidents. This often includes internal reviews and, in some cases, external oversight to ensure transparency and accountability.

• Training: Regular training on use of force policies, legal standards, and practical scenarios to prepare officers for real-world situations.

The SAFE-T Act & Use of Force

The SAFE-T Act, passed in Illinois, represents a significant shift in how use of force policies are regulated and implemented. The Act introduces several new mandates aimed at enhancing officer training, promoting accountability, and fostering better community relations.

Key Provisions of the SAFE-T Act

• Use of Force Techniques and Training: The Act mandates at least 30 hours of training every three years, including 12 hours of hands-on, scenario-based role-playing. This training focuses on use of force techniques, de-escalation, high-risk traffic stops, and understanding the legal standards governing the use of force under the Fourth Amendment​ (PTB Illinois)​.

• Cultural Competency and Bias Training: Officers are required to undergo training on cultural competency, implicit bias, and racial sensitivity. This aims to address and mitigate biases that may affect decision-making in the field​ (PTB Illinois)​.

• Officer Wellness and Mental Health: Recognizing the high-stress nature of law enforcement work, the Act includes provisions for officer wellness and mental health training. This is intended to help officers manage stress and make better decisions in high-pressure situations​ (PTB Illinois)​.

• Crisis Intervention: Mandatory training on crisis intervention techniques is included to equip officers with the skills needed to handle situations involving individuals experiencing mental health crises​ (PTB Illinois)​.

• Procedural Justice and Civil Rights: Training on procedural justice, civil rights, and the constitutional use of law enforcement authority is required to ensure that officers uphold the rights of individuals and communities they serve​(PTB Illinois)​.

Implications for Law Enforcement

The implementation of the SAFE-T Act's provisions has several implications for law enforcement agencies across Illinois:

• Enhanced Training and Professional Development: The mandatory training requirements ensure that officers are better prepared to handle a wide range of situations, from routine stops to high-stress encounters. This training is expected to reduce the incidence of unnecessary use of force and improve overall policing outcomes.

• Increased Accountability: With stricter reporting and accountability measures in place, there is greater oversight of use of force incidents. This transparency helps build trust between law enforcement agencies and the communities they serve.

• Community Relations: The emphasis on cultural competency, bias training, and procedural justice aims to improve relations between law enforcement and diverse communities. By addressing the underlying issues of bias and discrimination, the Act seeks to foster a more inclusive and fair policing environment.

• Mental Health and Crisis Intervention: The focus on officer wellness and crisis intervention training highlights the importance of mental health in policing. By equipping officers with the tools to manage their own stress and effectively respond to individuals in crisis, the Act promotes safer and more effective law enforcement practices.

Challenges and Considerations

While the SAFE-T Act represents a significant step forward, its implementation is not without challenges. Law enforcement agencies must adapt to new training requirements and standards, which may require additional resources and funding. There is also the challenge of ensuring consistent application of the policies across different departments and regions.

Furthermore, ongoing evaluation and assessment are crucial to determine the effectiveness of the new policies. Continuous feedback from officers, community members, and oversight bodies will be essential in refining and improving the use of force guidelines.

Conclusion

The use of force policies in Illinois have undergone substantial changes with the introduction of the SAFE-T Act. These changes reflect a broader shift towards more accountable, transparent, and community-focused policing. By mandating comprehensive training and emphasizing de-escalation, cultural competency, and mental health, the Act aims to improve policing practices and build trust with the communities served by law enforcement. Ongoing efforts to evaluate and refine these policies will be essential in ensuring their success and sustainability.

For more detailed information on the use of force policies and the SAFE-T Act, please refer to the following sources:

• ICJIA Article

• Impact for Equity Brief

The Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act is a comprehensive piece of legislation aimed at reforming law enforcement and criminal justice practices in Illinois. It addresses a wide array of issues, including the use of force, body-worn cameras, and the decertification of law enforcement officers.

Body-Worn Cameras

The SAFE-T Act mandates the use of body-worn cameras (BWC) by all law enforcement agencies in Illinois, with a phased implementation plan extending to 2025. This requirement aims to enhance transparency and accountability in policing. The key components of this mandate include:

Implementation Timeline:

1. • • Larger agencies are required to implement BWCs sooner, with all agencies required to comply by 2025. This phased approach allows for resource allocation and training.

Operational Guidelines:

1. • Officers must activate BWCs during all law enforcement-related encounters, including traffic stops, arrests, searches, and any other situation where the officer deems it appropriate to document the encounter.

   • Exceptions are provided for situations where the use of a BWC might compromise undercover operations, the privacy of individuals, or other sensitive scenarios.

Data Management:

1. • The Act specifies protocols for the storage, retention, and management of BWC footage. This includes maintaining the integrity of the data and ensuring it is accessible for accountability purposes.

   • Retention periods are stipulated, with longer periods for incidents involving use of force or complaints against officers.

Transparency and Accountability:

1. • BWC footage is intended to be used in investigations of police conduct, providing an objective record of interactions. This can support both the defense of officers in false accusation cases and the accountability of officers who engage in misconduct.

Impact and Challenges: The implementation of BWCs is expected to build trust between law enforcement and the community by providing transparent records of police encounters. However, challenges include the costs associated with purchasing and maintaining the equipment, training officers, and managing the vast amounts of data generated.

Use of Force Policies

The SAFE-T Act significantly reforms use of force policies to promote de-escalation and ensure that force is used appropriately and only when necessary. The critical aspects of these policies include:

Training Requirements:

1. • Officers are required to undergo comprehensive training in de-escalation techniques, crisis intervention, and cultural competency. This training aims to equip officers with the skills to manage encounters without resorting to force.

Use of Force Continuum:

1. • The Act introduces a use of force continuum that guides officers on the appropriate level of force to be used based on the behavior of the subject and the context of the encounter.

   • Emphasis is placed on using the least amount of force necessary and prioritizing non-lethal methods.

Reporting and Accountability:

1. • Incidents involving the use of force must be thoroughly documented and reported. This includes providing a detailed account of the circumstances leading up to the use of force and the steps taken to de-escalate the situation.

   • Independent investigations are mandated for incidents resulting in death or serious injury to ensure impartiality.

Impact and Challenges: These reforms aim to reduce instances of excessive force and improve interactions between police and the public. Challenges include ensuring consistent training across all departments and managing the costs associated with the expanded training requirements.

Decertification of Law Enforcement Officers

The SAFE-T Act also addresses the decertification of law enforcement officers, a crucial component for maintaining professional standards and accountability within the police force. Key provisions include:

Decertification Criteria:

1. • Officers can be decertified for a range of misconduct, including excessive use of force, perjury, tampering with evidence, and other behaviors that undermine public trust.

   • The Act expands the criteria for decertification to include a broader array of misconduct, ensuring that officers who engage in serious misconduct can be removed from the force.

Independent Review:

1. • Decertification decisions are to be made by an independent board, ensuring that the process is fair and impartial.

   • The board is responsible for reviewing evidence, conducting hearings, and making final determinations on decertification cases.

Transparency and Public Reporting:

1. • The Act mandates the creation of a public database listing officers who have been decertified. This enhances transparency and allows for public scrutiny of officers' records.

   • Regular reports on decertification actions are required to ensure ongoing accountability.

Impact and Challenges: These measures are expected to enhance accountability within the police force and ensure that officers who engage in serious misconduct are not able to continue in law enforcement roles. However, challenges include ensuring the fairness and consistency of the decertification process and managing the administrative burden associated with these procedures.

Conclusion

The SAFE-T Act represents a comprehensive approach to reforming law enforcement practices in Illinois. By mandating body-worn cameras, reforming use of force policies, and enhancing the decertification process, the Act aims to increase transparency, accountability, and trust between law enforcement and the communities they serve. While the implementation of these measures poses significant challenges, their potential to improve policing practices and community relations makes them essential for the future of law enforcement in Illinois.

For more detailed information on the SAFE-T Act and its implementation, please refer to the following sources:

• Body-Worn Cameras Brief

• Use of Force Brief

• Decertification Brief