Criminalizing people in crisis: Chicago’s new law

STOP is a leader in the Collaborative for Community Wellness, a coalition of organizations across the City. The coalition’s main campaign is Treatment Not Trauma, for re-opened public mental-health centers and for non-police mental-health crisis response. On February 2, 2023, our coalition issued this statement.

We are extremely troubled by the passage of ordinance O2023-0904, which creates a new offense of battery against emergency services personnel that can lead to a fine up to $1,000 and incarceration.

This ordinance poses concerns for those in mental-health crises. People in mental-health crises deserve support - not criminalization. Under this new ordinance, no actual physical contact is required to be charged with a misdemeanor. It can be directly charged by police, circumventing the felony approval process of State’s Attorney Foxx’s office; this law is a shortcut to current state legislation.

Community members have experienced decades of barriers to care, whether it be a closed public mental-health center, reduced clinic hours, cost, language, or geographic accessibility. We openly oppose this ordinance that chooses to incarcerate and financially indebt people over addressing their true needs.

The consequences of this ordinance could have a lasting negative impact on the way mental health is responded to in this city, while increasing the gap to services our communities actually need.

Prioritizing care means investing in long-term solutions to harm, not reactionary measures that further criminalize people in need. Supporting public mental health is prioritizing care. Non-police crisis response is prioritizing care. Creating stable housing is prioritizing care. Funding education is prioritizing care. Investing in our communities is prioritizing care.

We all deserve to feel safe. Safety will never look like the criminal system or more policing. We cannot arrest, jail or fine ourselves out of systemic failures. The Collaborative for Community Wellness is determined to continue fighting against harmful measures that impact the mental-health community.

Our coalition will continue to work on this issue and will share updates.