Illinois 2019 Court Monitoring Report

Blood Alcohol Concentration



*Numbers on Blood Alcohol Content are based on cases where data on BAC was present

803 0.08-.15%

Key Findings and Observations Illinois’s court monitors observe misdemeanor DUI cases in the courts of Boone, Carroll, DeKalb, DuPage, Jo Daviess, Kane, Kankakee, Kendall, Lee, Madison, McHenry, Ogle, Pike, Sangamon, St. Clair, Stephenson, Tazewell, Whiteside, Will, Winnebago counties. McLean and Peoria counties are in their first year with the MADD Court Monitoring Program and therefore will not be used for analysis at this time. In 2019, Court monitors will begin to monitor LaSalle, Macon, Adams, Champaign, Vermilion, Rock Island and Williamson Counties. These data will provide critical benchmarks for drunk driving cases in each county. Illinois court monitors are physically present for court settings and acquire case information from courtroom observation. The data is then entered into the MADD National Court Monitoring Database for reporting purposes. Through the examination of data from 2017-2018, the following are general observations for the following topics: • The added charge of Child Endangerment • The added charge for various Traffic Violations • The Average Case Length • SCRAM (Secure Continuous Remote Alcohol Monitoring) Child Endangerment Charges

Average Case Length Based on the data, court monitors have noticed that the average case lasts around one to three years to bring a case to adjudication in the following counties: DeKalb, Kane and McHenry. However, some counties may experience delays based on caseloads, defendant failure to appear, or even a swifter pace related to plea agreements that offer amended charges, including reckless driving. Sangamon County noted that several cases took over 2 years to get to final sentencing; many relating to defendant failure to appear in court. Failure to appear can increase the number of case continuances. Tazewell County noted that most cases from arrest date to sentencing are just under a year and usually not more than two years. DeKalb noted that cases seemed to be moving along much quicker in 2018 than in previous years. SCRAM Many counties (DeKalb and Kane County) noted that SCRAM was used for DUI defendants. SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelets are ordered to be worn by felony DUI defendants as a condition of bond. Also, both the state’s attorney’s office as well as some municipal prosecutors use SCRAM as a tool in their arsenal in misdemeanor cases. McHenry County noted that SCRAM bracelets are often not ordered for DUI cases.

DeKalb, Tazewell, Kane and Sangamon County noted that the state’s attorney’s office in these areas actively pursue child endangerment charges when a child has been in the vehicle with a defendant. Monitors have seen assistant state’s attorneys passionately argue for sanctions pertaining to child endangerment during blind pleas. The McHenry County State’s Attorney’s Office has continued to pursue child endangerment charges, when appropriate. In fact, they will pursue the charges even if the DUI occurred in a municipality that has permission to prosecute its own cases. More often than not, some sort of sentencing will be added to the DUI due to the extenuating circumstances of having a child in the car. Community service is often a required sanction for the charge of child endangerment. In addition, the state might also include parenting classes as part of the sentencing parameters. Traffic Violations Will County noted that traffic violations issued at arrest for a DUI are often dismissed or defendants receive a Nolle Prosequi for the added charges. On the other hand, Pike County noticed that most traffic violations are not dismissed totally. Both counties noted that Nolle Prosequi is often used for traffic violations.

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