Showing posts with label death penalty. Show all posts
Showing posts with label death penalty. Show all posts

Wednesday, December 28, 2011

2011 in review

By Jamey Dunn

It was a busy year at the Statehouse as Illinois legislators passed an income tax increase, a significant change to the state’s criminal justice system and reforms to two important state systems, among other bills.

Death penalty 
Perhaps the most pivotal change to come this year was the abolition of Illinois’ death penalty. Because of the state’s checkered past of false convictions, proponents argued that the state could not in good conscience reinstate the death penalty. More than a decade ago, George Ryan called for a moratorium on capital punishment after several death row inmates were exonerated. Ryan also commuted the sentences of 167 death-row inmates to life in prison before leaving office in 2003.

Opponents argued that law enforcement officers need the threat of the death penalty as a bargaining chip when negotiating plea deals or trying to get a confession. Others argued that state should have the option for the “worst of the worst” offenders. “Seven out of 10 of those people on death row when Gov. Ryan commuted their sentences didn’t contest their own guilt,” said Sen. William Haine, a Democrat and former prosecutor from Alton.

Former Democratic Rep. Susana Mendoza said she was conflicted about supporting the abolition because she supported the death penalty, but she said her decision to vote for the repeal came after she put aside her own emotions and acknowledged how flawed Illinois’ system has been. “We’ve come horrifyingly close to executing innocent men, and it could happen again,” Mendoza said.

After taking public feedback, Gov. Pat Quinn signed the bill and communicated the sentences of all the inmates on death row. The passage of the plan resulted in some savings for the state as well as the elimination of some positions in the office of the state appellate defender's office.

Tax increase 
Early this year lawmakers voted to increase the income tax rate for the first time since 1989. Legislators voted to make that increase permanent in 1993. This year's temporary income tax hike raised the personal rate from 3 percent to 5 percent and the corporate tax from 4.8 percent to 7 percent.

Supporters said that the increase was necessary to get the state’s fiscal house in order. “This mess is a mess that is the responsibility of all of us. … It’s too late. It’s time for us to be adults, face the crisis and figure out together a solution,” said Rep. Barbara Flynn Currie, a Chicago Democrat. However, Republicans argued that Democrats did not do enough to cut the budget. Rep. Roger Eddy, a Hutsonville Republican, said that GOP calls for spending cuts have been ignored for years. “The time to be adults was eight years ago, when we were expanding programs,” he said. The measure also includes spending caps for the next four fiscal years.

The limits would be $36.8 billion in Fiscal Year 2012, $37.5 billion in FY 2013, $38.3 billion in FY 2014 and $39.1 billion in FY 2015. If legislators spend more, the tax increases will be nullified.

Worker’s compensation
Worker’s compensation reform was a top priority for all four legislative leaders and the governor at the beginning of the spring 2011 session. Lawmakers approved and Quinn signed a reform package backed by several business groups, but detractors were skeptical about how much money employers would save from the plan. The negotiations over workers’ compensation reform were tense. and at one point the bill’s sponsor — Rep. John Bradley, a Marion Democrat — threatened to call a bill that would have dismantled the entire system.

The legislation that passed in the end reduces the fees paid to doctors for treating employees by 30 percent, creates new rules for the appointment of arbitrators, who decide the outcome of claims, and requires the use of American Medical Association standards when determining workers’ level of impairment from injuries.

Republican opponents to the plan said it asks for too large a sacrifice from the medical community in the form of reduced fees and may not result in substantial savings for businesses. Doug Whitley, president of the Illinois Chamber of Commerce, said lawmakers should not think their work is done just because they made tweaks to the system. “The political leadership has to appreciate, understand, recognize that workers’ compensation is not a static action. … Even if we make progress in Illinois, that doesn’t mean that other states didn’t do things similarly. There’s a keeping-up-with-the-Joneses aspect to this.”

Education reform 
Teachers unions, education reform groups, administrators, business leaders and parents' organizations worked together on an education reform package that was generally agreed upon by all groups. The plan changes the way teachers are granted tenure, hired, fired or laid off.

Under the new law, teachers have to receive positive evaluations for three years to receive tenure. Teachers who earn “excellent” reviews in each of their first three years will also earn tenure. Teachers with tenure who receive two unsatisfactory reviews within a seven-year period could have their teaching licenses reviewed by the state superintendent and be required to complete professional development geared toward improving their performance or face having their licenses revoked. Layoffs will no longer be decided on a “last-in-first-out” basis but instead will be determined by qualifications and job performance. Seniority will only be used as a “tie-breaker.” Administrators will be free to hire any candidate for new positions instead of giving preference to teachers transferring within the district. The measure also makes it easier for districts to fire underperforming teachers.

“With this bill, we’re going to ensure that the better teachers stay and the lesser teachers go,” said Palatine Republican Sen. Matt Murphy. Half of teachers’ evaluations will be based on student performance under the new system that starts to kick in at different times for different schools based on size and student performance level. Most schools must switch to the new evaluations by 2016.

Rep. Monique Davis, a Chicago Democrat who cast the lone vote against the legislation in the House, said aspects of the bill that apply only to Chicago Public Schools, such as a greater threshold for going on strike that requires the support of a supermajority of voting union members, were discriminatory. “The intentions are good, but the results will not change a thing. I’m not going to be a union buster,” the former teacher and administrator said during floor debate. Unions outside of Chicago will need the support of half of union members to strike. The measure lengthens negotiations required before a strike and would force both sides to release their demands to the public if an impasse is reached.

Smart grid 
The two largest utility companies in the state will be able to increase customers' rates to make improvements to the state's electric grid and add so-called smart grid technologies. The plan allows Ameren and Commonwealth Edison to increase customers’ rates 2.5 percent annually to pay for improvements to the state’s electric grid ranging from basic repairs to poles and lines to cutting-edge technology that could allow utilities to prevent outages and customers to track their energy usage.

The companies are required to invest a total of $3.2 billion in the grid over 10 years. The measure also requires ComEd to create 2,000 new jobs through the plan and Ameren to create 450 jobs. If they do not meet those goals, they will be subject to fines.

Doug Scott, chairman of the Illinois Commerce Commission, which signs off on rate increases and will oversee the utilities under the plan, said the bill strips away too much regulation. “In the normal circumstance, our review serves a check to companies to spend money only on the items they are allowed by law. … We think that this bill significantly weakens that check and provides no real incentive for the companies to control their costs.”

Sponsors of the plan say the upgrades will bring economic development and allow the state’s aging grid to keep pace with modern energy demands. “Sometimes we’ve got to do what we’ve go to do,” said East Moline Democratic Sen. Mike Jacobs, who sponsored the plan. “If we’re going to have success in the 21st century, we need to have a 21st century grid.”

Gov. Pat Quinn adamantly opposed the legislation and vetoed it once it reached his desk. But the General Assembly overrode his veto in the fall session. 

Tax breaks 
After several businesses threatened to leave the Illinois, lawmakers voted to give tax breaks to some to try and stem job loss in the state. The package will give about $200 million in tax breaks to the CME group, and Sears. The plan contains other breaks meant to help businesses throughout the state — such as an extension of the research and envelopment tax credit and a reinstatement of the net operating loss provision in 2012 for losses up to $100,000. The package also offers tax breaks for individuals in the form of increasing the Earned Income Tax Credit from 5 percent of the federal credit to 10 percent over two years and linking the standard exemption to federal cost of living increases. In total, it is projected to cost about $300 million next fiscal year and $350 million by fiscal year 2014.

Up next 
The passage of the tax breaks passage spurred a call from both sides of the aisle in the House to roll back corporate income tax rates. “I think people at the time of the increase of the corporate tax realized that that was not the route to go,” House Minority Leader Tom Cross said. “Business after business potentially will be coming to the state and looking for relief, and doing it on a per-company basis is not the way to go.”

Expect the issue to get plenty of lip service, and maybe even some action, next year.
Other noteworthy pieces of legislation failed to gain in 2011 the support needed to become laws. However, the sponsors of many such bills say they will fight on. Rep. Lou Lang, a Skokie Democrat, will likely spend some time in 2012 trying to hammer out a plan gaming expansion that can pass in both chambers and gain Quinn’s signature. A plan he sponsored passed in 2011, but Quinn said it was too large of an expansion and refused to sign a bill that would allow slot machines at horse racing tracks. Without the slots for the tracks, Lang could not find the support to pass a scaled back gaming package during the fall veto session. Lang has also vowed to continue to push a bill that would allow the chronically ill access to medical marijuana. He has called various versions of such a proposal but has yet to find enough support to pass the plan in the House.

House Republican Leader Tom Cross has been unable to find the support to pass his plan to reduce pension benefits for current state employees, but he has been able to pass bills to try and reign in what many saw as abuses of the system. With a pension payment that is projected to be $5.3 billion — about $1 billion more than last fiscal year — expect to hear more about potential changes to benefits.

Illinois is the last state to allow the concealed carry of firearms, and a sponsor of a bill that would allow it says it “only a matter of time” before it happens here. The legislation failed in the House this year, but sponsor Brandon Phelps is working to drum up the votes and says he is only “five or six votes away” from House approval. “Forty other states are not wrong, I believe, and it’s not the Wild West anywhere else,” said Phelps, a Harrisburg Democrat. There are pending court cases, as well as federal legislation, that could also potentially open up the state to concealed carry.

Tuesday, March 15, 2011

Death penalty ban saves money and cuts jobs

By Jamey Dunn

The elimination of the death penalty
and the clearing of death row in Illinois has already resulted in savings reflected in the budget requests of some state agencies.

State Appellate Defender Michael Pelletier said today that Gov. Pat Quinn’s signature on the abolition bill and commutation of the sentences of 15 inmates sentenced to death “essential eliminated the need” for areas of his agency that dealt with capital cases. He said his office would no longer need parts of its Supreme Court Unit, which handled death penalty appeals to the high court. The agency also plans to eliminate the Capital Post Conviction Unit, which assisted those sentenced to death with the appeals process, and the Capital Trial Assistance Unit, which helped the defense in cases where the prosecution was seeking the death penalty.

Pelletier said the elimination of death penalty cases would result in a savings of about $4.7 million from his office. The agency is requesting $21 million instead of its initial request of about $26.6 million. The office is asking for money to go toward a juvenile resource center that has not been funded in recent years and a student program that would allow interested young people to be exposed to the work of public defenders that has not been funded for the past four years. Pelletier said the appellate defender’s office would still need some money to assist on appeals for former death row inmates. “Ethically [those defense attorneys] have an obligation to continue to represent those clients at the [post-conviction level] … and eventually, the appeals.” However he said the agency is starting the process of “winding down and closing [those] offices.”

The office closings and budget reduction would also mean layoffs. Pelletier said that 37 employees would “not be with the agency next fiscal year.” However, he added that new dollars for a Juvenile Resource Center would mean the creation of four new positions.

Patrick Delfino, director of the Illinois state’s attorneys appellate prosecutor's office, said the elimination of capital cases will mean a reduction of about 23 percent in costs to his office that are covered by the general revenue fund. The office received slightly more than $9 million in general revenue for the current fiscal year.

Wednesday, March 09, 2011

Illinois abolishes the death penalty

By Lauren N. Johnson with Jamey Dunn contributing

After a decade-long ban on the use of capital punishment in Illinois, Gov. Pat Quinn today abolished the state’s death penalty and commuted the sentences of the 15 inmates on death row.
“I believe if we abolish the death penalty in Illinois that we should abolish it for everyone,” Quinn said shortly after announcing what he called the most difficult decision he has made as governor. Quinn said he sought input from citizens on both sides of the debate while mulling his choice. He said he read letters and books and sat down with individuals to get their perspectives on the controversial issue. “It’s probably impossible for me to talk to everyone, but I certainly talked to a representative number of every single one of those who have an interest in this issue. That’s the best you can do.”

Senate Bill 3539, sponsored by Sen. Kwame Raoul, a Chicago Democrat and Rep. Karen Yarbrough, a Maywood Democrat, will permanently abolish the death penalty after July 1.
“When I entered the General Assembly, I was on the other side of the issue,” Yarbrough said. “But when you become a representative of the people, it’s up to us to study the tough issues, to understand both sides of the issue and then come down on one side or the other. I feel like I came down on the right side of the issue.”

In Illinois, capital punishment cases cost the state more than $100 million, according to the sponsors of the legislation. Proponents say the measure will lead to cost savings and prevent wrongful executions. The law also requires creation of a fund to be spent on support for homicide victim’s families and police training. “I want to say to the family members of victims, those who have been murdered, there are no words in the English language or any language to relieve your pain, and I understand that,” said Quinn.

The repeal comes years after serious flaws were detected in Illinois' criminal justice system, especially in the prosecution of capital cases. In 2000, former Gov. George Ryan imposed a moratorium on capital punishment after a number of death row inmates had been found to be wrongfully convicted,. He commuted the death sentences of more than 150 inmates to life in prison in 2003.

Randy Steidl, one of the inmates exonerated after he was wrongfully convicted in 1987, said there will always be wrongful convictions, but innocent people who are put to death they lose the chance to fight for their freedom. “You can’t have an irreversible system when you know full well innocent people go to prison,” he said. He added that shocking crimes, such as those that often become capital cases, put pressure on law enforcement and prosecutors to convict someone. “Those are exactly the kind of cases that end up being wrongful convictions because of public outcry [and] pressure on police and prosecutors to solve the case. ... It’s a system made up of humans, and humans have agendas. And even if prosecutors do everything above board, there’s still that possibility that you’ve got the wrong person.”

While Quinn said during his campaign for governor that he supported having the death penalty as an option for the most heinous crimes, he also said he supported the moratorium. Today, Quinn said after lawmakers passed the abolition bill, he thought it was his “duty” to rethink the issue. “I felt it was important to study every aspect of the death penalty system,” Quinn said. He pointed to inconsistencies in when and why prosecutors seek the death penalty. A study commissioned by Ryan found that those who killed a white victim in a rural area were much more likely to be sentenced to death than others convicted of murder. Quinn said a “consistent and perfect” death penalty system in all 102 counties of the state is impossible. and since other punishments are available for serious crimes, capital punishment is not necessary. He commuted sentences of the 15 inmates on death row to life in prison without the possibility of parole.

Opponents argued the importance of the death penalty option for those who commit heinous crimes and said reforms in place that require taping of interrogations and DNA testing lessen the risk of wrongful convictions. “Our system is not broken; it has been fixed,” said Rep. Jim Durkin, a Western Springs Republican.

In an attempt to address disparities in the system, Sen. Kirk Dillard, a Hinsdale Republican, proposed SB 2277, which would set up a statewide panel of judges and prosecutors to oversee capital punishment cases. He said, “While all life is precious, those crimes — the worst of the worst — go to the heart of the order of our society.” Dillard said his bill would address concerns that race, gender, geographic location and economic status factor into death penalty sentencing in Illinois.

Tuesday, February 15, 2011

House, Senate bills could reinstate death penalty

By Lauren N. Johnson

Two Republican lawmakers today urged Gov. Pat Quinn to veto legislation that would abolish Illinois’ death penalty.

Rep. Dennis Reboletti of Addison and Sen. Kirk Dillard of Hinsdale proposed legislation that could reinstate the death penalty in Illinois if Quinn signs the abolition bill into law.

House Bill 1520, sponsored by Reboletti, would place a referendum on the 2012 general election ballot asking Illinois voters if they are favor of capital punishment. Reboletti said the public had little to no input in the voting process that he said was rushed through the lame-duck legislative session in January. While the death penalty cannot be abolished or reinstated through a voter referendum, Reboletti said he would respect the choice of voters. The only way the public could directly decide whether Illinois has the death penalty would be through a constitutional amendment passed by the legislature and approved by voters.

“Gov. Quinn has always been an advocate of letting the people's voice be heard through referendums throughout his four decades of service to this state, so we are hopeful that he would be supportive of this measure,” Reboletti said.

Dillard introduced Senate Bill 2276 to reduce eligibility for the death penalty to what he called the “worst of the worst” of crimes, a group of criminals he defined as killers of police officers and correctional guards, heinous child murderers and serial murderers.

“Some of my colleagues on the other side were forced to take [Senate Bill 3539] or leave it. The death penalty to me is not a ‘take it or leave it’ situation; it’s to be used very judicially in limited circumstances,” Dillard said.

Dillard also introduced Senate Bill 2277, which calls for creation of a panel – prosecutors, state’s attorneys from Cook County and downstate Illinois, a representative from the attorney general’s office and a retired judge – intended to guarantee that Illinois' judicial system would use more discretion in applying the death penalty.

Quinn has until March 18 to take action on the bill, according to his office. If he fails to act, the measure automatically becomes law.

Thursday, January 06, 2011

House votes to abolish death penalty

By Lauren Johnson with Jamey Dunn contributing

A bill that would abolish the death penalty in Illinois passed in the Illinois House tonight after coming up one vote short earlier this afternoon.

Maywood Democratic Rep. Karen Yarbrough, sponsor of the legislation, said the state spends at least $20 million a year on capital cases, with no executions performed in the 10 years since former Gov. George Ryan placed a moratorium on capital punishment.

In addition to abolishing the death penalty, Senate Bill 3539 would require the money from the capital litigation fund, which is used to aid defendants in building their cases when prosecutors seek the death penalty, to go to services for homicide victims' families and additional police training.

“Let's send a message to people across the state and the nation that Illinois is not the laughing stock anymore,” said Yarbrough, noting the 10-year absence of enforced capital punishment and Illinois' history of exonerations of death row inmates. “Now is the time to finish the job [of ending the death penalty]."

Rep. Jim Sacia, a Pecatonica Republican, recounted gruesome details of heinous crimes committed in Illinois and said police need the threat of the death penalty to press for confessions and obtain information.

Sacia added, “There are untold numbers, in Chicago and throughout Illinois, of successfully resolved crimes because law enforcement had the tool to say, ‘This is an opportunity for you to face the death penalty, or if you talk to us, maybe we can give you a lengthy prison sentence.’”

Proponents say the passage of the measure will lead to cost savings and prevent wrongful executions.

Rep. Robert Pritchard said punishment, should be shifted to a “swift justice” alternatives -- such as life in prison without parole -- instead of the long appeals process associated with capital cases.

Opponents
argued the importance of having the death penalty option for individuals who commit heinous crimes and said legislators should be sensitive to the possibility of victims’ families being left without a sense of closure.

Rep. Patrick Verschoore, who voted against the bill when it was called the first time and voted for it the second time around, told reporters he has gone back and forth on the issue. Verschoore, a Milan Democrat, said he couldn’t ignore the possible cost savings.

Senate President John Cullerton, who supports abolishing the death penalty, said the bill will be called in the Senate Judiciary Committee on Tuesday.

Tuesday, January 04, 2011

Death penalty opponents renew push for abolition

By Lauren Johnson

Those in favor of abolishing the death penalty believe they have enough support to make another push during the lame-duck session.

Former Gov. George Ryan declared a moratorium on capital punishment in 2000 after more than a dozen inmates on death row were exonerated. While courts continue to hand out death sentences, Illinois is not currently executing prisoners.

Senate Bill 3539 would permanently abolish the death penalty. It would also require money from the capital litigation fund, which is used to aid defendants in building their cases when prosecutors seek the death penalty, to be spent on support for homicide victim’s families and for additional police training.

A House committee approved the measure in November(scroll down)
, but supporters said it lacked the votes needed to pass. After having more time to lobby lawmakers, they now think the support exists to pass the bill through both chambers.

Proponents of the bill argue that the cash-strapped state is spending millions of dollars on what have been empty death sentences for the past 10 years. They say as long as the governor has the power to reinstate the death penalty, Illinois runs the risk of executing of the innocent.

“People who are in opposition to the death penalty want [Illinois] to catch us to the civilized world,” said Sen. Kwame Raoul, the bill’s sponsor. He said the debate needs to be confronted head on because the “imperfect” system, which will always be subject to human error, has seen a number of people exonerated from death row because of mistakes.

“The moratorium is just an artificial hold that can be removed with the decision of one individual,” said Raoul. The senator added, “To the extent it could lead to somebody who’s innocent being put to death under state sanction, I don’t think we can continue to support something like that.”

Some states, most recently New Jersey and New Mexico, have already abolished the death penalty. Opponents continue attempts to block the bill from being called for a vote during the lame-duck session. They argue it is being rushed without properly considering the voices of Illinois citizens.

Prosecutors and families of murder victims who oppose abolition of the death penalty say the issue is not a matter of funding but one of county officials and homicide victim’s families seeking justice in Illinois.

Assistant DuPage County State's Attorney Alex McGimpsey said the legislature should consider critical reforms, such as mandatory recording of murder suspects’ confessions, before eliminating the death penalty as an option.

“There are cases, yes, I agree, that people need to spend life in prison. There are other cases that life in prison is not enough punishment. This is one of those cases, and I pray to God that [the legislature] never abolish the death penalty in the state of Illinois,” said Bill Sloop, whose two daughters, Rachel and Lonna, were murdered. The convicted killer, Daniel Ramsey, is on death row.

The measure awaits a floor vote in the House. If it does not pass in the coming days SB 3539, would not be viable in the new legislative session, which begins next Wednesday.

Tuesday, November 30, 2010

Civil unions passes as House has a big day

By Jamey Dunn

Same-sex couples are one step closer to having the option of civil unions.

The Illinois House passed Senate Bill 1716, which would give gay and lesbian couples access to the same rights as married couples in Illinois. Legislators also considered other hot-button issues today, including legalizing medical cannabis and repealing the death penalty.

“This legislation is a fair, moderate center. It does not change the definition of marriage. It provides basic legal rights to our citizens. It’s a matter of fairness. It’s a matter of respect. It’s a matter of equality,” said Chicago Democratic Rep. Greg Harris, the sponsor of the civil unions bill.

The measure would grant same-sex couples rights such as the ability to be involved in their partners’ health and end-of-life decisions, hospital visitation, state tax benefits and protection under domestic violence laws.

Rep. Ron Stephens, a Greenville Republican, said Harris equated granting same-sex couples civil unions to the righting of an ethical wrong. “Many of us sincerely believe that that’s not true,” Stevens said.

However, not all Republicans agreed.

“I’m in my seventh decade of life," said Rep. Bill Black, a Republican from Danville. "People my age have difficulty with this. Younger people do not. For many of us in public life this is an issue that quite frankly, if we can speak honestly, we wish it would go away. It isn’t going to go away. ”
Black, who is leaving the General Assembly on December 22, then called on members of his side of the aisle to support the bill and follow in the footsteps of former Illinois U.S. Sen. Everett Dirksen when he supported the 1964 Civil Rights Act.

Some opponents say the bill is just same-sex marriage by another name, and others say it is a foot-in-the-door to seek approval for same-sex marriage.

“If this should ever pass, the next bill will be legalizing marriage between … members of the same sex, and I just think that’s wrong. … Just call me an old-fashioned traditionalist,” Stevens said.

Harris said as much as he would support legalizing same-sex marriage, that is not what this bill does. He said he realizes there is not support for a marriage bill and that is why he is advocating for civil unions at this time. “Illinois law specifically prohibits same-sex couples from being married. That’s in statute. … That will always be the law in this state until this General Assembly sitting in this room at some point in the future casts its votes to change that law.”

Gov. Pat Quinn, who has been lobbying lawmakers to support the bill, stood by Harris on the House floor for part of the debate. After the vote, Quinn said he hopes the Senate will take up the bill tomorrow.

"Whatever it takes. We really want to make sure that we enact this important civil rights law."

Death penalty abolition
A House committee approved a bill that would abolish the death penalty in Illinois.

The state has not used the death penalty since former Gov. George Ryan called for a moratorium in 2000 after several death row inmates were exonerated. He cleared Illinois’ death row in 2003 when he pardoned four inmates and commuted more than 150 sentences to life without parole.

Those in favor of the repeal say the lengthy appeals process associated with death sentences is a waste of the state’s resources, especially during a budget crisis. Jeremy Schroeder, executive director of the Illinois Coalition to Abolish the Death Penalty, says the state cannot afford the $20 million a year it spends on prosecutions and the appeals process in capital punishment cases.
SB 3539 requires that the money from the capital litigation fund, which was established to help defendants build their case when prosecutors are seeking the death penalty, would go to fund support for homicide victim’s families and police training.

Opponents say the issue has nothing to do with financial woes and say pitching the repeal as way to save money is a red herring. “The fact of the matter is, this is not a cost issue. It’s a question that [legislators have] to decide: Are there certain crimes that are just so horrific, that have such an affect on the community, that the death penalty is the only appropriate sentence? I submit to you that that is the case. There are some crimes that just cry out for it,” said Robert Berlin, chief of the criminal bureau under the DuPage County state’s attorney.

“After study, reforms and dialogue, we still have not fixed this system, nor have we ended it. It’s time to end state-sponsored homicide in Illinois. It’s not a deterrent. It risks executing the innocent,” said Maywood Democratic Rep. Karen Yarbrough, the sponsor of the bill.

Schroeder said the moratorium is convenient for politicians, who can support the death penalty while knowing that no inmates will be executed as long as it is in place. He said that is unfair to others involved, such as victims and those sentenced to death.

Cathy Crino, whose sister was murdered in Texas in 1995, said the death of her sister’s murderer, who committed suicide, was not a comfort to her, and the state can offer better options to help victims’ families. “The void doesn’t go away. The death of the perpetrator is never going to fill that void. … I can tell you there is no closure. You just learn to live with it, and it doesn’t end for you. And the death penalty drags victims’ families through between 13 and 15 years of court proceeding after court proceeding after court proceeding. That re-traumatizes them. … What would help victims are broad-based services that help people deal with the trauma of this kind of loss.”

Rep. Dennis Reboletti, an Elmhurst Republican, called on legislators to slow the process and hold hearings throughout the state on the issue.

Opponents of the repeal echoed Reboletti’s concern that it is being pushed through the General Assembly without an adequate amount of debate. They say recent reforms have gone far to rehabilitate a damaged system.

“The reforms that were put in place years ago are working,” Berlin said. “The defendants who are now on death row since those reforms have been put in place truly are the worst of the worst. … and they’re there because of horrendous crimes that they have committed.”

He added: “The fact of the matter is, this is not a cost issue. It’s a question that [legislators have] to decide. Are there certain crimes that are just so horrific, that have such an affect on the community, that the death penalty is the only appropriate sentence? I submit to you that that is the case. There are some crimes that just cry out for it.”

Medical marijuana
A measure that would allow residents with chronic or debilitating illnesses to gain access to medical marijuana failed today to gain the votes needed to move on to the governor’s desk.

Skokie Democratic Rep. Lou Lang, the sponsor of SB 1381, said people who are in pain should be able to consult with their doctors and consider the drug as a treatment option.

Under the bill, residents seeking the drug for medical treatment would have to be approved and registered with the Illinois Department of Public Health (IDPH).

A registered patient would not be allowed to posses more than two ounces of dried cannabis and six marijuana plants—only three of which could be mature plants. A primary caregiver could be licensed along with a patient, but the same limit would apply, so if a patient were not well enough to grow plants, the caregiver could do it. However, they could not between the two of them have more plants or usable cannabis than the above limits.

Lang said that under the legislation, which passed in the Senate last year, licenses could be issued by IDPH for dispensaries that would sell plants.

Opponents said the bill is a precursor to fully legalizing the drug in Illinois.

“This … goes way beyond medical use, medical treatment. This is about the legalization of marijuana. … We’re sending the wrong message to our children,” said Rep. David Reis, a Willow Hill Republican.

Republicans raised concerns about how employers would deal with a worker who is eligible to use medical marijuana and might be intoxicated at the workplace.

While no employer is allowed to bar an employee from using medical cannabis, Lang said the rules a business currently has about being under the influence of a substance on the job would apply. Lang used the example that a forklift driver who is now barred from operating machinery while on a prescription pain medicine would also not be allowed to drive a forklift while under the influence of marijuana.

Rep. John Fritchey, a Chicago Democrat who will not return to the House for the new session in January, said he had not planned to attend session this week but returned weigh in on some of the controversial issues up for a vote today.

“This is about people who are in debilitating pain, people that have minimal quality of life, people that are terminally ill looking for compassion, not a high — looking for relief, not a cheap high,” Fritchey said.

Both he and Lang believe a majority of House members support the measure in principle but that many are afraid that voting for the bill could hurt their chances when they are up for reelection. “Like the sponsor of the bill, I have talked to a number of people that said they support this bill wholeheartedly but they're afraid of the political fallout from voters.”

The bill needed 60 votes to pass. When voting was open, the “yes” votes climbed to as high as 56, finally setting at 53 “yes” votes, 50 “no” votes and one “present” vote.

“I thought I had close to 60 [votes], and I had lost a couple of people who were going to be yes and decided that it wasn’t going to get the 60 and just took their vote off the board. I lost a couple of people who didn’t tell me the truth. I lost a couple of people to cowardice,” Lang said.

Lang used a procedural move to hold the bill for a possible future vote. “I’m not ready to pass this today or tomorrow. I’ll have to take my chances in January, and if I don’t get to 60 votes then, I’ll have to start over [in the new legislative session].”

Police and firefighter pension reform
When the legislature passed pension reform for most government employees during the regular session, the pensions for police and firefighters were not included in the measure. Negotiations fell apart at the end of session, but they have picked back up this week. The House passed SB3538, which would make changes to the retirement benefits for law enforcement officers and firefighters hired after January 1.

The retirement age would move from 50 to 55, and 30 years on the job would be required to claim full benefits, though workers could receive a portion of benefits at age 50 if they had worked for at least 10 years. The maximum salary used to calculate pensions would be $106,800, and eight of the last 10 years of the employee’s service would be used to determine benefits.

Local municipalities have been lobbying for changes to the police and fire pension systems because they are responsible for most of the funding.

“[These changes] start addressing the most serious problem that affects all of our municipalities across the state,” said Orland Park Democratic Rep. Kevin McCarthy, the sponsor of the bill.

Tenaska

The Illinois House also approved plans for a so-called clean coal plant slated for construction in Taylorville. Under SB 2485, utilities Commonwealth Edison and Ameren would have to buy power from the plant.

Opponents say higher energy costs resulting from the plant could hurt the job market in the state. Supporters of the plan say the power generated by the new technology, which is intended to reduce carbon emissions, would cost more. But, they say it would probably be a negligible increase of less than $2 a year to households.

Monday, October 18, 2010

Both Quinn and Brady out of step with voters on some social issues

By Jamey Dunn

Both Sen. Bill Brady and Gov. Pat Quinn hold positions on major social issues that do not align with the opinions of Illinois voters, according to one poll.

During last night’s debate at Elmhurst College, Brady said that as governor, he would lift the moratorium on the death penalty, which former Gov. George Ryan put in place in 2006 after DNA evidence exonerated prisoners on death row.

According to a recent poll of 1,000 registered voters by the Paul Simon Public Policy Institute, Illinois residents agree with Brady. More than half of respondents, 56 percent, said Illinois should reinstate the death penalty. However, 36 percent said the moratorium should remain in place. The poll has a 3 percent margin of error.

“The people of Illinois have spoken, and they have said that this is the law of the land,” Brady said at the debate. He added that Illinois has the “utmost obligation to make sure that innocent people aren’t put to death.” But when Brady was asked how he would avoid such errors, he did not give any specifics.

Meanwhile Quinn — who does not want to abolish the death penalty but does want to keep the hold in place — said at the debate that he has Illinoisans' backing. “I think the people of Illinois really do support the moratorium and support me.”

He said more time is needed to see whether reforms that have been put in place are effective before the state starts using capital punishment again. “I think we should take a pause and make sure the reforms are working, so not one human being is wrongfully executed.”

“If you contrast the two governor candidates, Brady is on the side of public opinion on that one, and Quinn is on the side of public opinion when it comes to gay marriage and civil unions,” said John Jackson, a visiting professor with the public policy institute.

Brady’s stance on civil unions does not match up with poll numbers. Almost 68 percent of participants in the public policy institute poll supported some form of legal recognition from same-sex unions — with 33.6 percent supporting marriage, and 33.9 percent backing civil unions. About a quarter of respondents said there should be no legal recognition for same-sex couples.

But Brady said during the debate that he did not think he was out of step with Illinoisans when he backed a constitutional ban on civil unions. “My beliefs are what they are, and I believe a lot of people in Illinois respect those beliefs.” Brady then changed the subject to economic issues.

Jackson said Brady has “skillfully” avoided making social issues a substantial part of the campaign. “I agree that the budget is by far the bigger thing right now,” Jackson said. However, he said Brady has been “very, very vague” on his intentions regarding social issues if he is elected governor.

Respondents to the poll also weighed in on a national issue that has made recent news. More than 70 percent favored openly gay and lesbian soldiers serving in the U.S. military, while 19 percent were opposed. Last week, a federal judge ruled the Pentagon’s “Don’t Ask Don’t Tell” policy on gay and lesbians serving in the military unconstitutional and ordered that it should no longer be enforced.