The Illinois
Supreme Court issues an important ruling dealing with child suspects in court;
a state ban on synthetic drugs receives national recognition; and a new survey
shows that a large majority of Illinoisans are still waiting for a new
direction for state government.
Also during the week, the
Governor took an important step to improve state programs for behavioral
healthcare.
Courtroom Changes for Juvenile
Suspects
The Illinois Supreme Court recently
adopted new rules that ban the use of physical restraints on child
suspects in juvenile court. New
Supreme Court Rule 943 declares that restraints should not be used “unless the
court finds, after a hearing, that such restraints are necessary to prevent
physical harm to the minor or another, the
minor has a history of disruptive behavior that presents a risk of harm, or
there is a well-founded belief that the minor presents a substantial flight
risk.”
Illinois joins other states,
which have made similar changes to rules governing juvenile suspects. “The
amendments adopted by the Court will eliminate instances of indiscriminate
shackling of minors in juvenile delinquency proceedings that were occurring
without an individual judicial determination,” Chief Justice Rita Garman said
in a statement released by the Court. The
proposed changes were brought to the Court by a number of youth advocacy
organizations including the Illinois
Justice Project, the Children and Family Justice Center of the Bluhm
Legal Clinic, the Juvenile Justice Initiative and others.
Illinois Law Becomes Model
Policy for States
Illinois’ recently enacted ban on
synthetic drugs might be adopted by other states thanks in part to the
endorsement of the policy by the American Legislative Exchange Council (ALEC),
an association of state lawmakers from across the nation. The Illinois
law, which took effect this year, was introduced and passed with bipartisan
support in 2015 by Senator Kyle McCarter of Lebanon.
Synthetic
or designer street drugs are commonly known by names such as K-2, Spice,
Yucatan Fire, Scooby Doo and others. They are more readily available at
much lower prices than the typical street drugs they mimic such as marijuana,
cocaine and meth, but with higher potency and significantly more danger to the
user. They are often purchased at convenience stores as an
over-the-counter product. And while the labels often carry a disclaimer
“Not for Human Consumption,” such statements will no longer qualify as a legal
“way out” for the makers. Getting rid of the label’s liability loophole
is a key component of the new Illinois law and ALEC’s model policy based on the
law. Senator McCarter presented
the Illinois law to the Council during its
recent national meeting in August. ALEC
formally adopted the legislation as a model policy for all states on September 12.
Poll: Voters Looking for
Reform in Illinois
A new poll by the Paul Simon
Public Policy Institute shows that a large majority of respondents think
good-government reforms are needed to take Illinois in a different direction
from the failed policies of the previous two administrations. Released October 10, the poll clearly
indicates that many Illinoisans are not satisfied and reform is needed to
restore confidence in government, address the ongoing fiscal crisis and rebuild
the Illinois economy.
The Paul Simon Public Policy
Institute surveyed 1,000 registered Illinois voters from September 27 through October 2. According to the poll, 84 percent of respondents believe the state is
heading in the wrong direction. Only 10 percent said Illinois is on the right
track. Though the majority of
respondents desire change in the way
Illinois does business, Democrat legislative leaders continue to reject
good-faith proposals to change the direction of state government. Reforms
introduced by Republican lawmakers that would help employers, create jobs,
boost the economy, and eliminate waste and fraud in state government, have been
quickly defeated or not given an opportunity for debate.
When asked if they would stay in
Illinois, 47 percent of respondents indicated they would like to move, while 51
percent would stay. The poll found that taxes were cited as the single
biggest reason for leaving, followed by the weather, the government and jobs.
Reforming Medicaid
Governor Bruce Rauner is pushing
ahead on government reforms that he can
implement as the state’s chief executive. On October 13, the Administration
officially submitted a Medicaid waiver proposal to the federal government to
improve state programs for behavioral healthcare.
“Illinois is transforming the way
we provide behavioral and mental health care services to our residents,” Governor Rauner said. “This waiver focuses on helping the whole person by getting
the right services to the right person in the right setting at the right time.”
A major part of the waiver, which
has bipartisan support, is a request to accelerate the shift in care from
institutions to community settings. It’s the goal of the waiver change to
allow the state to intervene earlier with those needing help and provide
increased access to healthcare services. The
state’s waiver asks to use $2.7 billion in federal Medicaid funds to invest in
early interventions and infrastructure over the next five years to support and
improve the quality of care, while avoiding more costly traditional methods of
admissions and treatment in institutional settings.
The waiver was developed by the Governor’s Office in cooperation with 12
state agencies and community organizations and representatives. The
effort also involved a number of public hearings.