NPR Illinois - May 14, 2018 | original article

By Sam Dunklau

Illinois legislators are taking up a measure to change the way police gather information for gang databases. It comes after more than a year of controversy surrounding the Chicago Police Department’s data collection practices.

For decades, the Chicago Police Department has kept a running list of people believed to be in one of the city’s gangs. But in the last year, questions have been raised about how the Department goes about adding names. An investigation by ProPublica Illinois showed CPD’s database is riddled with dubious and racially-skewed entries.

State Senator Patricia Van Pelt, a Chicago Democrat, says thousands of black men in their 20s are in the gang database. Many were added without warning, and that info shows up in a background check.

“If they are on that list and they have no way of getting off the list, they have no appeals process, it really tears at the fabric of the community because it can destroy people’s future.”

Records obtained by ProPublica Illinois revealed some 128,000 adults are in that database now, 70% of whom are black or 25% of whom are Latino. 11.5% of those adults are 50 years old or older, a few were listed as more than 100 years old.

State Senator Jacqui Collins (D, Chicago) is supporting the legislation. She says someone can be added to the list for something as simple as not showing up to school.

“We want to ensure police have the tools they need to fight crime, but a poorly-kept database is a blunt and ineffective tool that opens the door for many civil rights abuses,” she explained.

Sen. Van Pelt’s bill would change that, requiring the state police to inform people if they’re added to a gang database, and allow them to appeal if they believed they've been wrongly added.

The Chicago Police Department says the measure is reasonable and has pledged to make changes.

SPRINGFIELD – Use of controversial gang databases by police would be reformed under legislation introduced today by State Senator Patricia Van Pelt.

“My goal is to reform the use of gang databases so that we can ensure the data is accurate and can be effective in helping reduce gang-related activity while still protecting people’s rights.” Van Pelt, a Chicago Democrat, said. “We need to make sure people aren’t being added to the gang database when they shouldn’t be, something that has proven to be problematic for countless Chicagoans over the years.”

The legislation was crafted after experts, advocates and community members voiced their concerns at an April 20 Senate committee hearing about the Chicago Police Department’s use of gang databases and its effect on communities.

“For too long, law enforcement has operated flawed databases with little oversight and questionable reasoning for adding names to the lists,” Van Pelt said. “This legislation will provide more oversight and help protect the rights of innocent individuals who shouldn’t be on the list.”

The use of gang databases to track individuals labeled as suspected gang members has been called into question in recent months after investigative reports found that hundreds of thousands of Chicagoans have been added to gang databases.

Within the demographic of young black men aged 20-29, 53,418 (up to 89% of population) are in the Chicago Police Department's gang database.

Senate Bill 275 does the following
–    Creates rules around how local law enforcement agencies handle shared gang databases.
–    Requires the Illinois State Police to create a system of notifying people they’ve been added to a local law enforcement agency shared gang database. Requires the state police to create an appeals process so that people’s names can be removed if they’ve been added incorrectly and allows a person to petition the court if their appeal is denied by the state police.
–    Creates the Gang Database Technical Advisory Task Force, which will advise the Illinois State Police on rules, oversight, operation and implementation of this act.
–    Requires that all shared gang databases in Illinois be frozen on Jan. 1, 2019. No one can be added to the gang databases until the controlling law enforcement agency has purged all people who should not be on the list and the Illinois attorney general has certified this has been done.
–    Requires the Illinois State Police to audit all shared gang databases to certify that the people who’ve been added to them should be on them.
–    Limits gang database access to only law enforcement and their support staff, and restricts the information from being used in employer background checks or by federal immigration officials.

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AustinTalks - April 26, 2018 | original article

By Ian Karbal

After being notified that her 17-year-old son was wanted for questioning by police, Carolina Gaete, a community organizer and activist on the West Side, brought the teen to the 10th District for what she thought would be a quick interview.

Gaete said her son, who had no criminal record and no warrant for his arrest, was held for a week in June 2016 on charges of dispatching a weapon and aggravated felony assault.

“I felt like my son was kidnapped,” Gaete said. “My son has been a restorative justice practitioner, and at 16 started reiki … My son is very peaceful.”

After proving her son’s innocence, Gaete said she submitted a Freedom of Information Act (FOIA) request to discover why a photo pulled from her son’s Facebook profile was used in a line-up presented to the witness who asserted his guilt.

That’s when Gaete discovered her son was listed in the Chicago Police Department’s so-called gang database as a member of the Two-Six gang. Gaete’s son wound up in the database after being reported tardy at his school, which was in Two-Six territory, by CPD officers at the school, she said.

Gaete shared her testimonial earlier this month with members of the Illinois Senate Committee on Public Health, which held a hearing April 19th at Malcolm X College. It was hosted by Sen. Patricia Van Pelt.

Van Pelt and Sen. Mattie Hunter heard testimonial from legal experts and activists, and have plans to introduce legislation within the year to reform the way police collect data.

The database is “very discriminatory,” Van Pelt said. “This is tearing at the fabric of the community.”

Read more ...

SPRINGFIELD – Minors arrested for certain crimes would have greater protections during police interrogations under legislation sponsored by Senator Patricia Van Pelt (D-Chicago), which advanced out of the Senate Criminal Law Committee Tuesday night.

“According to the Juvenile Justice Initiative, nearly 80 percent of minors don’t understand the Miranda warnings, with the least understood warning being the right to an attorney,” Van Pelt said. “We must reform our interrogation laws and protect the rights of minors.”

Senate Bill 1265 requires that any person under the age of 18 who is charged with murder or sex offenses have an attorney present during all interrogations.

In 2016, Van Pelt championed the legislation that extended these rights to minors under the age of 15 who are charged with murder or sex offenses. That law took effect last year. While Senate Bill 2370 was a victory for juvenile justice, Van Pelt said she believes we must do more to protect youth.

“Sixty-two percent of minors believe they can be penalized by a judge for remaining silent during interrogations. This is unacceptable,” Van Pelt said. “When citizens don’t understand their rights, injustice is served.”

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