ROCHELLE — Some changes to police work that stem from a bill signed in February will take effect Jan. 1 and impact the Rochelle Police Department and the Ogle County Sheriff’s Office. 

Both Rochelle Police Chief Eric Higby and Ogle County Sheriff Brian VanVickle were against House Bill 3653 included eliminating cash bail within two years, allowing the use of deadly force only when an officer acts in self-defense or defending others from bodily harm and mandated the use of police body cameras for all officers by 2025.

A trailer bill (House Bill 3443) passed over the summer relaxed rules around body cameras, removed some use-of-force restriction language and extended deadlines for new training standards. Higby said Jan. 1’s changes will mainly include training mandates, as other parts of the bill don’t take effect until later years or are still up in the air with lawmakers. 

RPD is still waiting on guidelines for training on use of force and other changes and a curriculum will have to arrive on Jan. 1. Higby said he’s heard most of the training will be offered online outside of use of force, which has to be in person. 

“I think it will all be clear, I’m glad most of it can be online,” Higby said. “With in-person, the mobile training units can only be in so many places and have a number of classes. Online makes sense. I don’t think it’ll be a stressor for us. Training was changing even before this bill. It’s just a steady progression.”

VanVickle said the biggest of the Jan. 1 changes is the first implementation of the body camera requirement, but that won’t impact this area yet. Based on population, Rochelle would start in 2025 and the county would in 2024. 

A rule that will take effect Jan. 1 that VanVickle has concerns about involves those arrested and in custody now being allowed three phone calls from their personal phone. 

“The issue for us is not that they can do that, but who they can call,” VanVickle said. “They’re allowed three to whoever they want in their personal cell phone. Say we arrest someone for domestic battery, they can call the victim three times and have conversations with them and that’s a concern for us.” 

VanVickle says that could be changed in a vote in January and along with other things. His office is “not making many policy changes” due the bill because it anticipates more changes. 

As far as body cameras, VanVickle said his office has not started to budget for them yet, but it did add in-car cameras over the summer, which is part of the process for body cameras. 

Higby said RPD is looking at starting to budget for body cameras and was told by a representative of a company that sells them that ordering early would be wise. 

“We will budget for it in 2023 and implement it in late 2024,” Higby said. “We want to be ahead on everything.”

VanVickle said the changes made to the original bill since it was signed have made things “more palatable” for law enforcement, but new laws benefiting criminals is a problem for him. He cited the elimination of cash bail that will take effect Jan. 1, 2023. 

“After that takes effect, the taxpayers will be fully funding the judiciary,” VanVickle said. “Cash bail money has been helping with costs for decades and now that money will be gone. Besides the monetary aspect, look at what happened nearby in Waukesha. Somebody was let out on too low of a bond. Now there won’t even be a bond. People currently sitting in jail for things will now be out before their paperwork is even done.”

Removing qualified immunity for law enforcement officers is still a part of HB 3653 that is up in the air. It protects officers civilly and personally from lawsuits related to actions on the job. Higby believes if qualified immunity went away, it would be a “big deal.”

“I do have concerns about retirements if qualified immunity goes away,” Higby said.  “We have six of us in the department that are over 20 years in. Those with a few years left would be more likely to get out. We have 21 officers. Take six out, and that’s a big chunk. And it’s difficult to get qualified applicants for open positions.”

VanVickle said his office has concerns about potential retirements due to changes and it has already seen people retire who “weren’t quite ready to” due to how policing has changed. He’s seen it happen in the wider world of law enforcement as well. 

“We lose institutional knowledge,” VanVickle said. “And it shouldn’t go unnoticed that 16 sheriffs have retired early. That’s unheard of. That should say something. That should tell citizens there’s an issue.”

The Ogle County Sheriff said HB 3653 has already changed law enforcement and “without a doubt” will continue to. Higby said it’s “tough to say” what the extent of the changes will be at this point. 

“If qualified immunity goes away, it’s a big change,” Higby said. “If it stays, I don’t see much of an impact. Training was already ramping up. It will change how we do some things. Like the cannabis legalization and concealed carry, people were scared about it being a big change but it ended up being a minimal impact.”