October 2015

Y O U N G L A W Y E R S J O U R N A L

ELECTRONIC HOME MONITORING AS A SENTENCING OPTION Recidivist DUI By Judge MarcW. Martin

E xasperated with repeat driving on a suspended or revoked driver’s license (“6-303”) and driving under the influence of alcohol (“DUI”) offenders, the Illinois legislature enacted mandatory minimum sentences for such cases. In doing so, the Senate sponsor proclaimed that such drivers pose a threat and “need to be kept ‘locked up.’” People v. Horsman , 406 Ill. App. 3d 984, 989 (2d Dist. 2011) (citing 94 th Ill. Gen. Assem., Senate Pro- ceedings, May 11, 2005, at 96 (statements of Senator Dan Cronin)). Certain provisions in the misdemeanor recidivist 6-303 and DUI statutes man- date (1) imprisonment; or (2) substantial

community service. For example, a person convicted of driving on a suspended or revoked license after violating DUI laws is subject to a minimum term of 10 days’ imprisonment or 240 hours’ community service. See 625 ILCS 5/6-303(c). A third- time suspended or revoked license offender faces a minimum term of 30 days’ impris- onment or 300 hours’ community service. See 625 ILCS 5/6-303(d-1). A second-time DUI offense, while still a misdemeanor, also carries mandatory imprisonment or community service, with the length of the imprisonment dependent on whether the defendant had a blood or breath alcohol concentration over .16. See 625 ILCS

5/11-501(c)(2) & (5). Although custodial sentences for repeat offender 6-303 or DUI cases may be practical in some counties, such sentences pose administrative difficulties in Cook County, which has an overcrowded jail, housing many detainees charged with violent crimes. Because of those condi- tions, there is institutional pressure to quickly release nonviolent driving offend- ers. Consequently, the legislature’s goal of incarcerating repeat offenders, in practice, is not being accomplished. A high number of community service hours—which can be monitored through the Cook County Sheriff’s Work Alterna-

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