Law Requires Athletic Coaches, University Staff to Report Abuse

 

CHICAGO - June 27, 2012. Governor Pat Quinn today signed a law that will help further protect children and young people from sex abuse and child abuse. House Bill 3887 requires coaches and university employees to report cases of abuse. The legislation was introduced to prevent a sex abuse scandal in Illinois similar to what occurred at Penn State University.

 

"Young people place their trust in coaches and university officials, and it is their responsibility to report any suspected abuse," Governor Quinn said. "This is an important law that will help us continue to protect our children and youth."

 

House Bill 3887, sponsored by Rep. Dwight Kay (R-Glen Carbon) and Sen. Kyle McCarter (R-Lebanon), required athletic personnel, university employees and early intervention providers to report suspected child sex abuse or other abuse. The legislation passed both chambers of the General Assembly unanimously.

 

The legislation was introduced following national media reports of widespread child sex abuse cases involving former assistant Penn State football coach Jerry Sandusky. Federal investigators are looking into claims the university covered up the scandal. On Friday, a jury convicted Sandusky on 45 child sex abuse counts. The new law is aimed at preventing a similar instance in Illinois.

 

"It was clear following the events that unfolded at Penn State that we needed to tighten up our reporting laws in Illinois to make sure nothing like that could happen here," Rep. Kay said. "The last thing anyone would have wanted to see would be for abuses to go unreported because of a loophole in the law. I'm extremely glad we were able to get this legislation passed and close those loopholes in such a timely manner."

 

"Our colleges and universities should be places of safety for our young people, and this law ensures that these new 'mandatory reporters' do the right thing when they suspect abuse," said Sen. McCarter.

 

The new law goes into effect immediately.

 

 

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New Laws Will Crack Down on Crime; Continue to Manage Prison Population and Encourage Positive Behavior

CHICAGO ­- June 22, 2012. Governor Pat Quinn today signed several new laws that together will improve public safety and criminal justice in Illinois. Senate Bill 2621 increases accountability in the state's prison system by setting new guidelines that strengthen the Department of Corrections' (DOC) ability to manage the state's prison population. Forty-six other states have adopted similar laws, which also encourage non-violent offenders to pursue positive rehabilitation strategies.

"Ensuring public safety is my top priority," Governor Quinn said. "This is good criminal justice policy and good public safety policy that will manage our prison population and make non-violent offenders less likely to commit crime in the future."

SB 2621, sponsored by Sen. Kwame Raoul (D-Chicago) and Rep. Barbara Flynn Currie (D-Chicago), passed both houses with bi-partisan support and has been endorsed by many criminal justice organizations, including the John Howard Association. The law increases safety inside prisons by allowing DOC to award sentence credit to non-violent offenders who have shown willingness to correct their behavior through successful completion of rehabilitation.

Sentencing credit has existed in Illinois law since 1978 but under the new law, inmates would only be eligible to receive sentence credit after serving at least 60 days in DOC custody. Inmates who display appropriate, positive behavior will be reviewed and evaluated by DOC to determine whether they are eligible to receive credit. Under the new law, DOC will consider and evaluate an inmate's prior offenses, the circumstances of the inmate's current holding offense, as well as the offender's potential for rehabilitation prior to the decision to award sentencing credit. DOC will also have the right to revoke credit if an inmate demonstrates negative or violent behavior. As a result of the Governor's 2009 Crime Reduction Act, there will also be a risk assessment tool in place this year to ensure that sentences are administered according to individual evaluation of the inmate.

SB 2621 also increases transparency by requiring DOC to provide annual reports to the Governor and General Assembly containing program statistics, how the new policies are being implemented and how sentence credit is being awarded. Additionally, county state's attorneys, county sheriffs and the committing county will receive notification two weeks prior to an inmate's release.

In order to qualify for sentencing credit, inmates will be required to successfully complete rehabilitation treatments, which could include substance abuse treatment, adult education, and behavior modification or life skills programs. Inmates may also receive sentence credit for passing the Test of General Educational Development (GED) while in DOC custody.

"Presenting inmates with an additional incentive for good behavior will improve the environment inside our facilities and allow the department to focus our efforts on violent criminals," said Illinois Department of Corrections Director S.A. "Tony" Godinez. "Eligible inmates will now have the benefit of receiving sentence credit appropriately and responsibly as the department continues to look for effective, safe and secure methods of managing state prisons."

SB 2621 is effective immediately.

Governor Quinn also signed additional laws to increase public safety and protect children from predators.  Senate Bill 3579, sponsored by Sen. Kirk Dillard (R-Hinsdale) and Rep. Sandra Pihos (R-Glen Ellyn), prohibits sex offenders from participating in holiday celebrations where minors are present, for example handing out candy on Halloween. The law goes into effect Jan. 1. Senate Bill 3809, sponsored by Sen. John Mulroe (D-Chicago) and Rep. Darlene Senger (R-Naperville), enables park districts to have criminal background checks performed to determine whether a job applicant is a delinquent minor for committing certain offenses, such as sexual assault. The law goes into effect immediately.

Senate Bill 3258, sponsored by Sen. Iris Martinez (D-Chicago) and Rep. Scott Penny (D-Belleville), clarifies violations included in the Sex Offender Registry, and prevents arrest records for reckless driving from being sealed before the offender reaches the age of 25. The law goes into effect Jan. 1. House Bill 4590, sponsored by Rep. Bill Cunningham (D-Chicago) and Sen. Tim Bivins (R-Dixon), adds new information, such as known gang affiliations, to inmate record files housed at the Department of Corrections. The law is effective immediately.

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DAVENPORT, IA - On June 22, 2012, Alim Jalloh, also known as Abel March, age 26, from Davenport, Iowa was sentenced to 96 months' imprisonment by United States District Judge John A. Jarvey, having previously pleaded guilty to two counts of distribution of crack cocaine, announced United States Attorney Nicholas A. Klinefeldt. Jalloh was also ordered to serve three years of supervised release following imprisonment and pay $100 towards the Crime Victims Fund.

On March 26 and March 30, 2011, law enforcement officers conducted two controlled purchases of crack cocaine at Jalloh's residence in Davenport. On April 6, 2011, officers performed a search of the residence and seized additional crack cocaine and $10,000 in cash.  Jalloh admitted obtaining crack cocaine from at least two different sources. Investigation revealed that Jalloh was receiving ounce quantities of crack cocaine from two different sources.

This case was investigated by the Drug Enforcement Administration, the Iowa Department of Public Safety, Division of Narcotics Enforcement, and the Davenport, Iowa, Police Department. This case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.

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Statement of Senator Chuck Grassley

On Fast and Furious, Nominations, the Justice for All Act Reauthorization

Judiciary Committee Executive Meeting

Thursday, June 21, 2012

Before we start, I want to speak about the President's decision to invoke executive privilege over Justice Department documents related to Fast & Furious.

Yesterday, just before a hearing to consider a contempt resolution against the Attorney General, the Justice Department announced that the President had asserted executive privilege over these documents.

The Attorney General repeatedly claimed that the Justice Department was making an "extraordinary offer" Tuesday night.

The only thing extraordinary is that the Attorney General offered a promise to produce documents one day and then asked the President to claim executive privilege over them the next.

Just last week, when the Attorney General was in front of this Committee, I asked him twice if the President could claim executive privilege to protect a certain internal Justice Department email that has been withheld.

Given the explicit opportunity, the Attorney General did not indicate he would be asking the President to assert executive privilege over such documents.

If this were a serious claim, it should have been raised much earlier.

Now that executive privilege has been asserted, it raises monumental questions.

I sent the President a letter yesterday seeking clarification as to the scope of his executive privilege claim.

Is the President asserting the presidential communication privilege, which applies only to documents involving communications with the White House?

If so, then the Justice Department should turn over the vast majority of the documents, which would not be protected by that privilege.

No court has ever held that the presidential communication privilege applies to internal Justice Department communications not involving the White House.

In fact, the U.S. Court of Appeals for the District of Columbia considered this issue in 2004.

They held that extending the presidential communications privilege to internal Justice Department documents "would be ... contrary to executive privilege precedent."

The Attorney General is well aware of this decision, for he was at the center of the pardon scandal that the requests for documents concerned.

Additionally, the White House has already produced documents in Fast and Furious involving communications between White House staff and personnel from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, so it's ironic that this claim comes up only now.

Either way, the White House must produce a privilege log to make clear which documents they are asserting executive privilege to protect.

This is the most basic starting point in asserting such a claim.

It's what Chairman Leahy requested in the U.S. attorney firings.

And I remind him that I supported his subpoenas to get to the bottom of that matter.

If there are documents that aren't protected by valid legal privilege, the Justice Department still has an obligation to produce those documents.

Failure to produce such documents is exactly why the House Oversight Committee voted yesterday to hold the Attorney General in contempt.

With regard to nominations, we'll hold over Berg, Bernal and Schofield, who are listed for the first time.

There are also some executive nominations on the agenda for the first time.  There is a request to hold over Williams.

I'm not aware of any requests to hold over Lum, Hainsworth, Leonardo or Miles.  I believe we can report those nominations by voice vote.

On the Davis nomination, I will have some remarks to make in opposition; other members may want to be recognized as well.  That nomination will require a roll call vote.

With respect to the legislation on the agenda, we're prepared to vote on S.250, the Justice for All Act Reauthorization.  I appreciate Chairman Leahy's willingness to work with me to reach a bi-partisan agreement on this bill.

This agreement reauthorizes a number of victim's rights programs in addition to a number of grant programs that provide vital funding for state and local governments to conduct DNA testing.  Working together, this substitute reauthorizes these programs in a fiscally responsible way.

The bill reauthorizes funding for crime victims' rights programs and enhances protection for victims in several ways.  For example, it ensures that money appropriated to assist victims will go directly to victims, not for other programs that DOJ operates.  This is especially necessary given the President's FY2013 DOJ budget raided the Crime Victims Fund to pay for non-victim related services.

At the same time, the bill takes into account current fiscal realities.  It reduces authorizations by more than 20 percent compared to the 2004 reauthorization.  This helps to better align authorizations with actual amounts funded by the Appropriations Committee.  However, it does so without reducing the funding authorized for crime victims or for programs authorized under the Debbie Smith program.

Finally, the Act includes crucial oversight and accountability provisions that I've consistently sought for DOJ grant programs.

I'm pleased to have reached agreement with Chairman Leahy on this bill.  This substitute accomplishes the important goal of supporting law enforcement and victims' rights in a fiscally responsible way.

On S.285, a private relief bill, we continue to await information from Immigration and Customs Enforcement that we have requested.  Until we have that information, our side is not prepared to address that legislation.

Regarding S.1744, the Guardian Accountability and Senior Protection Act, we have a request to hold that bill over for another week.

Thank you.

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