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Y O U N G L A W Y E R S J O U R N A L
42
OCTOBER 2015
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-