Clayton Harris - Cook County State's Attorney Candidate Questionnaire

Illinois and nationwide, Black and Latinx people are more likely to be incarcerated than white people. This disparity is identified as a significant driver in mass incarceration and results from over policing of people of color, who are more likely to be charged with more serious crimes, more likely to be pressured to plea and more likely to be sentenced to time in prison. The starting point for disparity begins with unnecessary interactions with law enforcement, that include the intensive use of surveillance tools in communities of color and higher rates of traffic and pedestrian stops for Black and Latinx people. 

1. Do you believe that people of color in Illinois and Cook County are disproportionately incarcerated? What role, if any, do you believe that the State’s Attorney plays in the disproportionate incarceration of people of color? What specific steps will you/your office take to reduce the disproportionate incarceration of people of color in your first term?
   
   HARRIS: Absolutely - people of color in Illinois and Cook County are disproportionately incarcerated. As of February 15, 2024, Black and Latinx people made up 90% of the population of Cook County jail while making up less than half of Cook County’s total population!
   
   This disparity is the product of  a society built on racially and economically unjust and unequal underpinnings, from our court system to our school system, and throughout our entire economy. Especially in the criminal justice system, we know that at every interaction, from the first interaction with the police through prosecution and sentencing people of color have historically been treated more harshly and unfairly.

   I have experienced this injustice in my own world, whether as a young man watching the news and learning about the beating of Rodney King, or as a young law school student learning about the shooting death by police of Amadou Diallo in New York. Like many Black men across the country, I have been stopped by the police for seemingly no reason or justification. As a father of two Black boys, I fear for how they would be treated by the criminal justice system. 

   To address the root causes of racial injustice, we need leaders who are not afraid to stand up and demand bold policy changes related to juvenile justice, wage theft prosecutions, pretextual stops, and implementing existing laws like the Pretrial Fairness Act. I will work to make our systems more equitable, humane, and fair. That is the leader I will be as Cook County State’s Attorney. 

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2. As State’s Attorney, what policies would you implement to address the other forms of racial bias that permeate our criminal legal system
   
   HARRIS: The State’s Attorney’s Office too often is forced to reckon with society’s failure to address the root causes of racial disparities in the justice system, such as poverty, lack of access to education or mental health services, and systemic injustices.

   The State’s Attorney must cultivate a culture within the office that recognizes the systemic injustices against people of color in the justice system and understands the unique role and opportunities prosecutors have to work towards correcting them. This entails fostering an environment where difficult and uncomfortable conversations about the pervasive influence of race in the criminal justice system are welcomed and addressed head-on. Our prosecutors must confront the uncomfortable reality of how their actions may perpetuate existing disparities, and be committed to actively working towards equitable outcomes.

   As State’s Attorney, I’ll support the prosecutors who serve in my office to use a racial equity “lens” when it comes to charging, prosecutions, discretion and sentencing and act to rectify  situations where bias may have actively or passively influenced the process prior to the case landing in our office. One example would be how we address cases stemming from pretextual stops–or stops in which police officers use a low-level violation to justify a larger search on a person or vehicle. To this end I will mandate ongoing bias training throughout my office to coincide with continuing legal education.

   Additionally, the State’s Attorney must work to implement systems that collect data at every stage of the prosecution process that can alert to demographic disparities that result from conscious and unconscious bias. We must also be open to outside scrutiny. This is why I will release our data on our website in both a raw form and an easy to understand platform. This ensures that everyone can study our data, from PhDs to members of the community. 

In the wake of the murder of George Floyd, voters regularly point to the need for additional accountability for police as a step to improving police and community relations and enhancing community safety.  Advocates, community groups and some observers believe that the office of State’s Attorney does little to advance police accountability owing to the close working relationship that exists between police and prosecutors.  

1. As State’s Attorney, would you support the requirement for independent investigations not only in cases where a police officer kills a civilian, but also in cases where a police officer seriously injures a civilian, or stands accused of serious behavior outside their authority/scope of their duties including misconduct, repeated or excessive use of force or activity that violates the civil rights of civilians? Do you support the appointment of a special prosecutor for any case in which there may be a referral for possible prosecution?
   
   HARRIS: Part of my platform is that everyone must be held accountable for their actions - that includes police and other members of law enforcement. As State’s Attorney, I will prosecute police officers who abuse their power, perpetrate violence, and violate people’s rights. To avoid any appearance of impropriety I will also bring in outside counsel, such as an Assistant Attorney General, to second chair all prosecutions.  Most importantly, I will provide transparency to the public in how the office reviews and charges police officers that engage in criminal behavior.  
    
   My office will also refuse to use the testimony of officers who have lied under oath or otherwise shown they are not credible witnesses. We will make this list public and create a pathway for people to appeal.  I want to make sure good officers have the tools they need to make sure bad officers are held accountable. To support these honest and ethical officers, my office will set up an anonymous tip line specifically for officers to flag other officers. 

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2. What additional steps will you take as State’s Attorney to enhance police accountability and build much-needed trust between the police and the public they serve?
   
   HARRIS: Prosecutors and law enforcement must work closely together. For that relationship to be effective at keeping people safe, it must be built on trust and accountability. As State’s Attorney, it is my role to ensure everyone is held accountable–including police officers who have broken the law or otherwise violated public trust.

   I will make it easier for police officers to report misconduct by their colleagues by setting up a confidential, anonymous tip line.

   I also support the existence of the Do Not Call List and will maintain it as the State’s Attorney.

   I will work with the City of Chicago and the Chicago Police Department to fully implement the consent decree as well which will also work for police accountability. 

Criminal penalties, especially fines, often fall disproportionately and harshly on members of the community of low economic means. Policies of the State’s Attorney can alleviate or aggravate this reality. 

1. Would you consider the adoption of policies that de-prioritize the prosecution of offenses like shoplifting and trespassing which are often associated with poverty and stigmatize people experiencing poverty as well as those experiencing mental health issues and substance use disorder?
   
   HARRIS: As State’s Attorney, I will continue to build on restorative justice policies that ensure we are not criminalizing poverty, mental health challenges and substance abuse, and are instead focusing on solutions to connect people to resources and services that are tailored to their needs. We will focus on building relationships with trusted providers in underserved communities to develop resources for restorative practices. 
    
   Additionally, I strongly support the Pretrial Fairness Act as a means to prevent the criminalization of poverty.  I will continue the current state’s attorney’s retail theft policy to prosecute felony retail theft cases at $1,000. 
    
   Specifically related to young people, I would like to partner with the Chicago Public School (CPS) system and Cook County school leadership to invest in prevention programs aimed at addressing the root causes of youth involvement in criminal behavior, such as poverty, lack of education, and lack of positive opportunities.

Data demonstrates that early involvement with the criminal legal system is the best predictor for future arrest, prosecution and incarceration. The decisions made by the State’s Attorney around juvenile matters will have a lasting impact on the lives and livelihoods of young people.

1. What policies will you advance to address the needs of youth who are disproportionately impacted by the criminal legal system – especially youth who are Black, Latinx and experiencing poverty? What policies will you adopt and/or continue to prioritize to address the harms created by the school-to-prison pipeline?
   
   HARRIS: As a father, I believe strongly in the importance of accountability for young people, especially those engaged in violent behavior, that is appropriate and that prevents them from picking up a gun or committing other such crimes in the future. 
    
   With children as young as 12 committing carjackings across Cook County, it’s clear that our young people need more early intervention to keep them away from a path of crime. 
    
   I will work to strengthen partnerships with Chicago Public Schools and other Cook County school districts to make sure we’re engaging with young people, connecting high-risk youth with social services and other resources, and steering them away from dangerous behaviors. 
   
   Of course, we want to aim to divert youth to community-based supportive services wherever possible, while also ensuring those who have committed violence are not in a position to cause additional harm. 
    
   I would want to reserve detention for youth offenders as a last resort and only when necessary to ensure public safety or address immediate risk factors. We need to prioritize community-based alternatives that provide support and supervision while allowing youth to remain connected to their families and communities.
    
   I will hold up a new unit, my Community Engagement Unit, which will encompass my Youth Engagement Team.  This policy will allow me to employ the State’s Attorney’s resources to address the problems in our communities of divestment of resources - not just money, but time and attention too through education, sports and the arts.

While Illinois has protected access to reproductive health care and gender-affirming care in our state, policy makers and prosecutors in other states are seeking to extend their bans on this fundamental health care to Illinois. 

1. As State’s Attorney, will you commit to policies that ensure that no one should have to face criminal investigation or charge in another state when seeking lawful health care in Illinois, especially abortion care and gender-affirming care? 
   
   HARRIS: Yes.

1. How would you plan to engage the community as State’s Attorney, including community-based organizations, criminal legal system and policing reform advocates, and other neighborhood-based groups as part of determining priorities and setting policies for your office?
   
   HARRIS: As State’s Attorney, I will foster a broad coalition of stakeholders, including community organizations, victims' advocacy groups, and business community leaders to share information and infuse more resources into efforts to interrupt community violence. Most importantly, I will foster partnerships with groups and communities who have historically not had a seat at the table and thus have been disproportionately marginalized by the criminal justice system. This includes prioritizing working with individuals with lived experience in the justice system as they often understand the nuances of their communities, including cultural, social, and economic factors that may contribute to criminal involvement. I strongly support and welcome their input and know their collaboration with my office will help build safer communities and improve outcomes for all stakeholders.

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2. The State’s Attorneys Association holds great sway in Springfield in the debate and adoption of policies related to the criminal legal system.  How would you attempt to influence the association’s agenda in a direction that advances civil liberties and civil rights, especially for the communities in your jurisdiction that are disproportionately harmed by regressive policies that gain traction in the legislature? 
   
   HARRIS: The State’s Attorneys Association holds great sway in Springfield in the debate and adoption of policies related to the criminal legal system.  How would you attempt to influence the association’s agenda in a direction that advances civil liberties and civil rights, especially for the communities in your jurisdiction that are disproportionately harmed by regressive policies that gain traction in the legislature?  
    
   One important step would be to advocate for governance changes to the State’s Attorney’s Association. Currently, the State’s Attorney is treated as just 1 of 102 State’s Attorney’s, rather than representing 40% of Illinois’ population. This leads to State’s Attorneys that represent smaller, whiter, more conservative areas setting the Association’s agenda.
    
   The Association giving more influence to State’s Attorney’s that represent larger areas is critical. Cook County is home to many marginalized communities, including people of color, immigrants, those experiencing homelessness, and people who identify as LGBTQIA+. The Association must become better advocates for these communities in Springfield. 
    
   Simultaneously, I will commit significant resources to my own legislative team, that will defend and advocate for criminal justice reform, LGBTQIA+ rights, reproductive rights, voting rights, will, and advancing the essential protections of individual autonomy, dignity, and equality. 

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3. Will you actively collaborate with legislators and advocates in Springfield to engage in debate about policies that impact the criminal legal system independent of the State’s Attorney’s Association? What are examples of priority legislation that you would support and oppose?
   
   HARRIS: The Cook County State’s Attorney’s Office must be involved with conversations in Springfield, both as an advocate and subject matter expert on issues involving prosecutions and criminal justice. 
    
   As State’s Attorney, I would work with the State’s Attorney’s Association on technical issues that impact prosecutions and areas where our visions for the criminal justice system overlap. However, I plan to have my own legislative team in Springfield, independent of the State’s Attorney’s Association, advocating for a legislative agenda to make the criminal justice system fairer and more just. 
    
   Examples of measures I currently support and would advocate for as State’s Attorney include Senator Peters’ bill requiring minors  have an attorney present during a police interrogation, the SAFE-T Act, to ensure that pretrial detention is based on risk assessment rather than the ability to pay, expanding access to expungement and record sealing for non-violent offenses, and prioritizing treatment and rehabilitation programs for individuals struggling with mental health, substance abuse, and poverty.
    
   I would strongly oppose legislation that would roll back the gains that Illinois has made in the last five years as a leader in the criminal justice reform movement. I would oppose the efforts in Springfield by Republicans to roll back the SAFE-T Act,  impose enhanced penalties or mandatory minimums for non-violent offenses, and make it harder to address unjust and wrongful convictions. 

Would you support or oppose the following: