Eric Rinehart - Lake 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 Lake 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?
   
   RINEHART: There is no doubt that people of color are disproportionately incarcerated and convicted in Lake County, Illinois, and the United States. (We must also be aware that VICTIMS OF COLOR are often neglected by the system too.) First, we need judges, prosecutors, police, and probation officers to acknowledge these disparities. So, the State’s Attorney must call out those who won’t acknowledge these disparities. I am proud to have done this (repeatedly) and to have started the first ever data dashboard that demonstrates (beyond all doubt) that these disparities exist locally. No leader of the Lake County legal system has ever done that. We need a commitment to data, an understanding of our history, and the courage to speak about this history. But these are just foundational points. By way of action, the State’s Attorney must engage in relentless analysis of the root causes of these disparities on a courthouse level and on a societal level – though the societal reasons are somewhat established: structural racism, over-policing, racial profiling, explicit bias, implicit bias, educational shortfalls and inequity, and economic racism. Locally, I have been proud to end the disparities in our diversion program. Before I was State’s Attorney, there were some years where zero Black defendants received diversion, even though 40% of felony defendants are Black. So, it is important that diversion and restorative justice is distributed equitably by the government. Diversion is purely in the discretion of the State’s Attorney’ Office. The State’s Attorney must work hard to ensure that employees (and police, if possible) receive DEI/implicit bias/cognitive bias training. We also need an aggressive training program to avoid racial profiling and a BRADY LIST that includes officers who demonstrate or express racial bias. We have doubled the Brady List and prosecuted police officers who have broken the law. We have indicted two police officers for harming a Black teenager and a Latino man – in separate incidents. These indictments have not been popular with local law enforcement. State’s Attorneys also have a moral duty to “right the wrongs of the past.” I am proud to have started a Conviction Integrity Unit to analyze a local system (Lake County) that has wrongfully prosecuted far too many innocent people prior to 2020. Moreover, we should acknowledge the role of structural racism with respect to pre-trial incarceration. I was proud to be one of only two State’s Attorneys to support the end of cash bail in Illinois. The distribution of wealth has occurred (because of) and in the context of explicit racism across generations. There is no moral justification to base pre-trial detention upon access to wealth.

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   As State’s Attorney, what policies would you implement to address the other forms of racial bias that permeate our criminal legal system?
   
   RINEHART: Aside from what I have set forth above, we will continue to engage in critical DEI training for prosecutors, victim specialists, and investigators. We will advocate for DEI training for police officers. We will add any police officer to our Brady List who engages in or expresses racial animus. We need to end automatic disqualifications for diversion programs. We also will continue to conduct training for individual police departments when there is a violation of the 4^th, 5^th, or 6^th amendment violation. We will continue to use data (for the first time ever in the office’s history) to track whether some prosecutors or judges systemically cause disparities. Prosecutors are required to keep up to date demographic data in the new data/docket management system for defendants and victims. We must make sure that all victim counselors are culturally competent and that we have enough bilingual counselors and lawyers.

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?
   
   RINEHART: I have brought one of the few murder cases against a police officer outside of Chicago – according to the Illinois State Police and a search of media reports. At the same time, I also charged that same officer with attacking a civilian from a different incident. In People v. Dante Salinas we have charged a Waukegan Police Officer with Second Degree Murder for shooting into a car that was driving away from him. Fourteen months before the fatal incident. Officer Salinas pistol whipped a Latino man named Angel Salgado. Salgado received a broken eye socket. Not only did my predecessor fail to investigate Salinas, but he also forced Salgado into a resisting arrest conviction. Upon becoming State’s Attorney, I vacated the Salgado’ resisting arrest conviction and indicted Salinas for Aggravated Battery.

   We should have special prosecutors in case a Sheriff’s Deputy is implicated in criminal activity since the State’s Attorney always represents the Sheriff as an institutional client. (I started this policy upon taking office.) I have referred out at least one officer-involved shooting to prevent the appearance of a conflict of interest since one of the shooters is married to an ASA

   I would most likely support such a rule from a legislative perspective for both injuries and deaths caused by police officers. My hesitancy does not come from any loyalty to bad police officers. But, to be honest, I have been willing to bring charges against police in a variety of contexts, and I worry that Special Prosecutors will not have the same energetic prosecutions as local offices. I just wish local offices would do the right thing – and that we would expect the same of our local prosecutors.

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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?
   
   RINEHART: As I have discussed, an energetic BRADY Policy is very important as well as training police leaders about BRADY and its requirements. I have also instituted a policy where prosecutors must write memos when they observe or a judge finds that there was a constitutional violation.

   Most recently in January 2024, my First Assistant met with a police chief over two reports we received of a single officer conducting questionable searches. We dismissed both criminal cases and are working on additional training for that Department. Each year, the State’s Attorney of every county should write a letter that describes the number and types of constitutional violations that occurred in the preceding year. While I have had many conversations with police chiefs about specific officers, I still need to send formal letters. This will be a good goal for 2024, 2025, and beyond.

   I am very proud to have supported the accountability measures in the SAFE-T Act and to be one of the few State’s Attorneys to have done so. As a candidate in 2020, I called for expanded use of body cameras.

   We also conduct Fourth Amendment Trainings every year for police officers as well as interrogation trainings. In 2021 and 2022, we added additional training after Senator Robert Peters’ reform that banned deception in juvenile interrogations. I supported that change (even in the face of local police opposition), and I am proud to support his new reform of requiring a lawyer for all juvenile interrogations. After the Martel Williams case in Waukegan in 2022, we internally committed to not using juvenile interrogations taken without a parent or lawyer in trials going forward – regardless of when the offense occurred.

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?
   
   RINEHART: Yes. I have done this by establishing a Deflection Program for those experiencing mental health issues who also commit a property crime, drug crime, or trespassing. This program is called the Living Room Wellness Center and is supported by MacArthur Grant Funding. I have strongly supported (though we are not the funding agency) a second deflection program called “A Way Out” for those with SUD. A Way Out is staffed by the health department and allows those with SUD to receive treatment instead of prosecution or arrest. AWO is a great program but needs to be vastly expanded with respect to participating police agencies. We will never prosecute someone who is entering treatment through AWO, but more police agencies need to feed individuals into the referral process.

   I have mandated Diversion for every first-time Retail Theft, and it is the office’s expectation in every first time Theft, Trespass, and Criminal Damage to Property. I have strongly encouraged diversion for first-time Disorderly Conducts, but DCs can be complicated in terms of the root cause of the behavior, and such cases may require monitoring of the individual through Court Supervision with conditions.  (Certainly, first-time Disorderly Conduct would never lead to incarceration or even a conviction.)

   But many of my restorative justice programs have received push back from the judiciary and we need more support in Lake County in electing reform-minded judges.

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?

   RINEHART: The legal system has failed under-served communities when it comes to equity, fairness, and transparency. Most importantly, the system had destroyed the lives and social imaginations of thousands of young people because it has over-policed and over-incarcerated Black, Latinx, and poor individuals. Again, simply having a State’s Attorney who will say these things is important. Having the data infrastructure to demonstrate these FACTs to skeptics is very important. Aside from this type of leadership, I have expanded deflection and diversion results in our juvenile division. Specifically, in 2021, we started the “STEP-UP” diversion program for juveniles arrested for domestic violence. It has worked extremely well, and none of the participants have been re-arrested. In 2021, we also won a grant to convene a countywide community council on juvenile justice issues. This council is very diverse and is increasing community awareness about racial profiling, mental health disparities, expanding juvenile expungement, the opioid crisis, harm reduction, the importance of DEI training, and cyber bullying. The office’s Gun Violence Prevention Initiative (“GVPI”) has hired a Youth Coordinator to work in schools with at-risk youth in order to provide them with mentoring, warm hand offs to social services, and potentially entry in former President Obama’s My Brother’s Keeper Network. Our GVPI has also partnered with the Office of the Regional Superintendent to building additional programming for youth. We have seen an increase in opioid overdose deaths in our Black and Brown neighborhoods, and we have committed opioid settlement dollars to increased youth education in these areas.

   Aside from these importance leadership steps, I placed a career public defender at the head of the juvenile justice division. As a result, we are using incarceration much less. Our commitments to juvenile prison have decreased and our current juvenile detention facility is at 50% capacity. Before Ms. Levi’s leadership, the facility was constantly at capacity.

   Aside from these operations, I have been proud to support legislation that is directed at ending coercive interrogations of juvenile suspects. I also supported legislation that ended fines and fees for juvenile cases.

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? 
   
   RINEHART: Yes. As State’s Attorney I will do everything I can to protect fundamental rights, such as health care, regardless of WHERE that right is exercised. If there is an Illinois resident who needs protection or a resident of another state who needs protection inside Illinois in some way, I will support them and refuse to cooperate with law enforcement officials from anti-choice jurisdictions. There may even be further revisions to the Extradition Statute that I would support.

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?
   
   RINEHART: We have started or expanded several community councils since I became State’s Attorney. I have described the Juvenile Justice Council above which consists of community leaders, educators, law enforcement, CBO leaders, and members of the faith community. Also, we have started something called a “Violence Prevention Coordinating Council” which consists of the heads of CBOs that work in youth mentoring and gun violence prevention. This collaborative and dynamic group is part of GVPI. Separate from the council, generally speaking, our GVPI has been conducting town halls and engaging in surveys to listen to the public about their specific concerns about gun violence.

   In late 2021, we launched the first ever data dashboard that shows our filing data, disparities in arrest rates, diversion rates, employee diversity, and homicides. This data dashboard is the first of its kind outside Chicago as far as I can tell.

   We have conducted several townhalls each year directed at “traditional issues” such issues as gun violence, human trafficking, and victims’ rights. But we also conducted four townhalls in 2023 aimed specifically at Restorative Justice. Each townhall included a different topic: a) mental health & the criminal justice system; b) the data supporting diversion; c) substance abuse treatment & the criminal justice system; and d) juvenile diversion. Each of these townhalls were effectively promoted in impacted communities and had very good attendance.

   As the State’s Attorney I also participate in the following community boards/councils: “Partnership for a Safer Lake County,” “The Lake County Opioid Initiative” and the “Criminal Justice Community Council” (MacArthur Foundation supported.

   These townhalls and community councils increase our office’s presence in the community and allow us to LISTEN to others.  Almost all of these councils make direct policy recommendations to the office.

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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? 
   
   RINEHART: I have personally advocated for the SAFE-T Act to this group. I have hired my own legislative consultant in order to remain independent of the Association.

   I have personally discussed many important topics with these leaders, but it is there are not a lot of opportunities for dialogue or even open calls for new initiatives. The Association’s legislative agenda is controlled by Mr. Berlin, Mr. Glasgow, Mr. Kenneally (incoming president) and increasing Ms. Mosser. I have worked closely with legislators directly and, in the short run, will use my access to those legislators to force tough conversations with the Association. 

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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?
   
   RINEHART: Yes. I am so proud of the relationships I have built in Springfield to advocate for reform. I have supported:
   -the SAFE-T Act and its package of reforms
   -PPPA (HB 4664) protecting abortion rights and gender-affirming care
   -Assault Weapon Ban (PICA)
   -ending deception in juvenile interrogations
   -requiring a lawyer for juvenile interrogations (proposed in 2024 by Peters)
   -HB1 –creating safe sites for opioid use
   -De-felonizing small amounts of drugs
   -ending the suspension of drivers’ licenses over court fines and fees

   NEW PRIORITY: Statewide, up-to-date, uniform criminal data. We are right: we can be safer without relying on incarceration and traditional criminal justice responses. But we cannot “make the case” without statewide data. The ISP/UCR/NIBRs system is slow and inaccurate. I have worked with Edly-Allen and Didech to propose a task force to address this.

Would you support or oppose the following: