Will County Judicial Committee met Feb. 5.
Here is the minutes provided by the committee:
I. CALL TO ORDER / ROLL CALL
Chair Tyler Marcum called the meeting to order at 9:00 AM
| Attendee Name | Title | Status |
| Tyler Marcum | Chair | Present |
| Herbert Brooks Jr. | Vice Chair | Present |
| Mimi Cowan | Member | Late |
| Gloria Dollinger | Member | Present |
| Tim Kraulidis | Member | Present |
| Rachel Ventura | Member | Present |
| Tom Weigel | Member | Present |
Present from State's Attorney's Office: P. Mock.
II. PLEDGE OF ALLEGIANCE TO THE FLAG
Mr. Weigel led the Pledge of Allegiance to the Flag.
III. APPROVAL OF MINUTES
1. WC Judicial Committee - Regular Meeting - Oct 2, 2018 9:00 AM
RESULT: APPROVED [UNANIMOUS]
MOVER: Herbert Brooks Jr., Vice Chair
SECONDER: Tom Weigel, Member
AYES: Marcum, Brooks Jr., Dollinger, Kraulidis, Ventura, Weigel
ABSENT: Cowan
IV. OLD BUSINESS
1. Discussion Re: Expungement Fair
(Judge Schoenstedt / Roger Holland) Ms. Cowan arrived at this juncture.
Mr. Holland gave details of the June 22, 2019 Fresh Start expungement fair. This is an opportunity for individuals, with a criminal record, to complete the paperwork necessary to expunged or seal their case. Expungement means the case is erased from the record. Sealed means the record is still there, but kept from the public view. The level of crime committed and the disposition determines whether a person is eligible for expungement or sealing. Those involved with the process will get training from Cabrini Green Legal Aid from Chicago. There are individuals volunteering along with the Bar Associations, Prairie State Legal Services and others. All individuals are required to attend a preregistration meeting, get the necessary paperwork and be told the steps necessary to come on June 22nd. There will be attorney volunteers at the event, to meet and review the paperwork to ensure they are eligible for expungement. The Chief Judge is entering a blanket fee waiver, so no filing fee is required. Those documents will then be filed with the Circuit Court. Per statute, expungement and sealing are not granted immediately. Notice must be given the agency involved, State’s Attorney, Illinois State Police and others; who will have a period of time to object to the expungement or sealing being granted. It doesn’t happen often where someone will object, but it is possible if there was another conviction we are unaware of. On the date of the fair, individuals will be given a court date, after the objection period has expired.
Circuit Clerk Chasteen stated we are trying to get the message out to the individuals the preregistration form must be filled out. It will be on the Circuit Clerk’s website and a link on the Circuit Courts website. After they submit their preregistration form, we hope to give them a time slot. Our event is from 10:00 a.m. to 4:00 p.m. and we want to stagger the times so everyone does not come at the same time. This is not an event for anyone with an active warrant. Individuals attending should arrange for childcare since none will be provided.
Mr. Holland stated based on the recommendation of Cabrini Green we are limiting this event to 150 participants. We are trying to anticipate the number of volunteers and the amount of time it takes. The meetings will take between 20 and 30 minutes per individual. In the future, we hope to increase the numbers if there is a demand.
Mrs. Dollinger asked how far in advance would a person have to preregister?
Mr. Holland replied at least a couple of months. The process requires individuals to submit their fingerprints for a criminal background history and that takes about six weeks to complete. Before the individual can received assistance their criminal history has to be known.
Mr. Fricilone asked how many volunteers are needed?
Mr. Holland answered we anticipate at least 20 attorney volunteers. We need other volunteers to help shepherd people around. Mr. Conser and I will be talking about the requirements of the Sheriff’s department, not only for opening the building, but their recommendations on the process for fingerprinting.
Mr. Fricilone asked do you think 150 is a lot for your first event?
Mr. Holland responded that was the recommendation of Cabrini Green; for our first event we will depend on their expertise.
Ms. Chasteen added of the 150 some may not qualify to file their paperwork that day. It will depend on what the attorney’s advises them to do based on the statute; results of drug testing and other variables. My staff will be available to help with filing of electronic documents, reviews, setting up court dates and sending out the notices.
Mr. Holland stated members of Probation will be present, since some cases will require drug testing, we are trying to determine the best course of action. We have a drug testing lab in the basement of the courthouse and can make that available.
Ms. Ventura asked how many of these events are you planning and how are you getting the information out?
Mr. Holland replied after our first event we will determine the demand and perhaps schedule them a couple of times each year. If you try do to more each year, there may not be time to get all the information out to the public. There will be outreach events on the radio, website, in-community outreach and a good electronic presence on the County websites.
2. Request for Various Ordinance Amendments
Request for Various Ordinance Amendments
(Undersheriff Conser)
Mr. Marcum stated at our October meeting we discussed the Ordinance Amendments in the packet. Since most everyone is new, I asked the new Undersheriff to give an update.
Undersheriff Conser stated I reviewed the items Mr. Contro discussed at the October meeting. My views are contrary to his on vaping at schools. When a fine is issued to a kid for having a vaping product, the parents are the one paying the fine. I feel it should be part of the school rules or handbook and they received a detention. In my opinion, the parents are penalized for their child having the vaping device. Naperville has a vaping ordinance and they are fining $200 for the first offense.
Ms. Ventura asked is there an ordinance regarding smoking?
Undersheriff Conser replied there was a House Bill introduced to definite tobacco products and would include vaping devices, which would fall within our ordinance, but the House Bill died.
Ms. Ventura asked do we currently charge fees for tobacco or is it handled by the schools?
Undersheriff Conser answered that is handled by the schools.
Undersheriff Conser continued to explain parking and expired registrations. When the Secretary of State stopped sending notices, people did not know their plates were expired. The Secretary of State does again send notices. The year notices were not sent, 240 ordinances were written in Homer Glen and most were thrown out. This year only about 70 ordinances were written. I don’t believe it is as big of a problem now as when the SOS was not sending out notices. Mrs. Tatroe was going to let us know if we could even write an ordinance like this.
Mr. Mock stated you could write an ordinance; the vehicle code does allow units of local government to adopt it.
Mr. Marcum asked if the Committee had any strong desire going forward.
Ms. Ventura stated I believe we should stay consistent. If we don’t have a tobacco ordinance where we fine them, it should be the same with vaping. I am in favor of increasing cannabis to 10 grams. It appears the ordinances are written only for vehicles with expired plates on the street or in parking lots.
Undersheriff Conser stated you could write that because it is a state charge. This was for vehicles parked in driveways with expired tags.
A brief discussion took place regarding the cleanup of language under Possession of Cannabis.
Mr. Fricilone asked are you currently issuing tickets? I have heard that most of the time citations are not being issued.
Undersheriff Conser indicated he had personally written violations and would look at the number recently written. It is a good ticket, because it can be written for the paraphernalia, the pipe used to smoke. It is put into evidence, destroyed it and they are fined for that. Usually they have a smoking device if you find marijuana under 2.5 grams.
Ms. Ventura asked you can write a ticket for paraphernalia and seeds, even if smokeable marijuana is not found?
Undersheriff Conser stated more than likely you would write it for the paraphernalia.
Ms. Ventura stated I don’t believe we should be writing tickets for paraphernalia. Undersheriff Conser stated it is state law and a person can be taken to jail.
Ms. Dunn stated Undersheriff Conser has agreed to come back with some language cleanup next month.
Mr. Weigel stated I am in favor of “nose in” parking in a cul-de-sac instead of parallel parking. Cul-de-sacs are usually larger than a street and don’t usually obstruct anything. The residents know when garbage is picked up and put their containers where there are not issues with parked vehicles.
Undersheriff Conser stated that was an ordinance being written heavily at one time, but we have stopped writing it.
Mr. Fricilone stated medical marijuana should be added to the ordinance.
Mr. Kraulidis stated are officers writing tickets for vehicles in driveways? Are people complaining about getting tickets for vehicles in their driveway with expired plates?
Undersheriff Conser replied we were writing tickets, but during the Administrative Adjudication process most tickets were being thrown out.
Ms. Ventura asked if state law allows for tickets to be written for expired plates of vehicle parked on the street; do we need this?
Mr. Mock replied the reason for an ordinance is because it is cheaper for the residents. Going to court on a state violation it is more expensive and takes more time, the residents usually have to take time off work, because court is held only during the day versus an evening hearing through Administrative Adjudication.
Ms. Dunn stated in some situations, officers have the right to issue as a local ordinance violation or a state violation.
Ms. Ventura continued I am interested burning, because I have had complaints in my area when people are burning causing air quality issues. I am in favor of increasing the fine, but I would like to look at air quality in areas where burning is higher and what can be done.
Mr. Marcum pointed out this is for illegal burning of materials; not leaf burning. The problem was it was cheaper to burn the material, get a ticket and pay the fine than to get a dumpster. This was cleanup to show if you violate the ordinance there would be a punishment.
Mr. Mock stated regarding item #4; we don’t have the legal ability to require videotaping as part of the liquor license process. The statutes say we can be no stricter than the state rules. The state rule is just a revenue mechanism to get licenses. Since all the new liquor license locations are SUP as a zoning matter, you could require videotaping on new ones as a condition of the SUP. That will not help you with the existing ones; eventually more and more would be in line with that.
Ms. Cowan asked for some history and context to this matter.
Mr. Mock stated the Sheriff’s Department thought this would be beneficial and as a prosecutor it would be beneficial, when someone has an underage possession of alcohol charge. If you made stores videotape and keep it for two months, if the minor says where they got the alcohol, you go to the establishment, review the tapes and take action against the establishment for selling to underage because it is on video they were not carding. Municipalities with this rule are home rule and we are not home rule. When we give a liquor license it can have no stronger provisions than the state liquor license has; and we are not authorized to do this. The Legislative & Policy may want to ask for authority from Springfield to change the statute. The liquor industry, like the gun industry is a very tight lobby, but the legislature just put a requirement in for firearm dealers to allow videotaping by local units of government. It would be a Springfield solution, not your decision.
Ms. Cowan stated I am not in favor of government enforced public videotaping. Not saying I would be opposed to bringing this to the Legislative Committee, but I would need further convincing to require small business owners to videotape and retain the information; I would need overwhelming evidence.
Mr. Marcum stated it seems this Committee would be interested in further discussion of Possession of Cannabis, Parking Regulations and burning of non-yard waste.
Ms. Ventura asked could someone send us information on the current marijuana laws in the state and adding the medical part of it.
V. NEW BUSINESS
1. Update on Specialty Courts
(Julie McCabe-Sterr)
Ms. Julie McCabe-Sterr introduced herself and reviewed the attached PowerPoint presentation. As you look at funding issues, I hope you recognize what we have done and how frugal we have been to provide the best services possible to change lives.
Ms. Dunn asked to have the dates for graduations sent to the County Board Office.
Ms. McCabe-Sterr replied we do send Board Members a formal invitation. Drug court graduations are at the Jacob Henry Mansion ballroom. Each client has their own music as they take the stage, a bio is read with the changes they have made. Their family members and elected officials are urged and encouraged to attend. Adult Redeploy and Veterans graduations are in the County Board Room, because they are not quite as large. Mental Health was done in the courtroom, but has gotten so large that in the future it will be in the County Board room. If you would like to come to the court calls, Mental Health Court is on Tuesday afternoons, Veterans and ARI are Wednesday afternoons and Drug Court is Thursday afternoon.
Mr. Brooks stated last year all County Board Members were invited to attend the court calls. I participated in all of them along with Mrs. Dollinger and Mr. Marcum. It is very interesting work all of you do and great work.
Ms. Winfrey added she went to the Veterans Court and it was something to see as everyone come forward.
Mr. Brooks added I noticed a lot of compassion as I was listening and watching you make decisions about what happened in their lives. Many times, they should have been in jail, but you have so much work, investment and compassion, it is excellent work.
Mrs. Dollinger asked when will the House Bill take effect? Ms. McCabe-Sterr replied it takes effect on July 1, 2019.
Mrs. Dollinger asked is someone working on a recommendation for appropriations of funds?
Mr. Holland clarified it is PA100-987.
Ms. Dunn stated Mr. Holland and the Chief Judge are working on the fees. It is a huge change.
Mr. Holland added it is not only Drug Court, there are others such as CASA where their fees have been put into a pot. The County Board will have decisions to make on how the money is distributed. The intent of the Act was to make the fines and fees uniform throughout the State. There was a great disparity based on what it cost in Will County versus the rural counties for the exact offense.
Ms. McCabe-Sterr added sadly the cost in more rural counties is much different.
Mr. Chuck Squires stated we plan to come in April with projections based upon what was written and done in the past and how it would come out under the new statutes.
Mr. Holland stated those will assume the Act is not changed. Ms. Ventura asked can we anticipate what those fees will be?
Mr. Holland replied we do not have any numbers. We are waiting on the analysis of Mr. Squires and Mr. Sepulveda. Once we have those numbers, we will let you know the impact. There are 13 different types of assessment, fines and fees in the Act. There is now a fee waiver available for criminal defendants. If they cannot afford to pay the fees or assessments, they can ask for a fee waiver. We have no idea how that will affect the numbers. It is a very complicated analysis.
Ms. McCabe-Sterr stated I would ask that you not just look at the whole pie, but instead you prioritize the actual cost to the County.
Ms. Ventura asked with the decreases shown in revenue, are you able to run all the courts under that budget, or are you in need?
Ms. McCabe-Sterr answered we are good for this year, we will see what happens when the money starts to go away. I have been a good steward of your money and used the money wisely and hope we continue to do that while continuing the program.
Ms. Ventura asked does everyone with a drug charge automatically apply for Drug Court and if not how is participation decided?
Ms. McCabe-Sterr responded it is a voluntary program and we cannot force anyone into Drug Court. Many people would rather do a year at the DOC. Some are not ready to get clean or don’t think they can get clean. The statutes cover who can and cannot come into the program. They receive a mental health assessment, substance abuse and risk assessment, then the team determines if we can provide the services they need to be successful. We don’t kick people out the first time they relapse; the average number of relapses is seven or eight.
Ms. Dunn stated it is a lot of work and some defendants don’t want to take on that amount of work to get through it. The Circuit Clerk’s Office has a seven page cost sheet of fees on the website, now many will be grouped together.
Ms. Ventura asked is there a pre-drug court for people to get help before they are arrested?
Dr. Burke stated we have a Safe Passage Program for people to go to various police departments for assistance. Family Guidance Center will make the referral directly into treatment. We need to expand it to all the departments; we currently have five programs. Not everything does go through the Court system.
Ms. Ventura asked if they go through the Safe Passage Program can they go into the apartment?
Dr. Burke stated no, one of the items on my agenda are recovery homes in Will County. The Drug Court is a great model for non-incarcerated people or people not yet in the judicial system. Unfortunately, there is no funding as there is for the judicial system. Recovery homes are the wrap around services and that is the priority for people in recovery.
Ms. McCabe-Sterr stated up to your first four felonies if you successfully complete these programs your case is dismissed. The expungement is huge; because it does not mean their case is expunged, it still shows up.
Presentation Specialty Courts
(Presentation)
VI. OTHER NEW BUSINESS
VII. PUBLIC COMMENT
VIII. CHAIRMAN'S REPORT / ANNOUNCEMENTS
IX. EXECUTIVE SESSION
X. ADJOURNMENT
1. Motion to Adjourn at 10:00 A.M.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gloria Dollinger, Member
SECONDER: Mimi Cowan, Member
AYES: Marcum, Brooks Jr., Cowan, Dollinger, Kraulidis, Ventura, Weigel
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3169&Inline=True
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