textfiles/law/feb02.law

FEBRUARY 1990                                                     
                                                                  

        THE ADMINISTRATIVE WARNING TICKET PROGRAM                         
                                                                 
                         By

                 Lt. Andrew J. Barto
         Village of Romeoville Police Department
                    Romeoville, IL
                                                                  

     Overcrowded courtrooms, excessive court time for police 
officers, and citizens spending long hours in court are not new 
problems for the judicial system.  Many courtrooms are filled 
beyond capacity, which unfortunately results in many cases not 
being prosecuted.  However, the Village of Romeoville, IL, a 
suburban community of Chicago, implemented an Administrative 
Warning Ticket (AWT) Program to alleviate these problems.         

THE PROGRAM
                                                       
     The AWT program was designed to administratively process 
minor ordinance violations, such as licensing and equipment 
violations, with the intent of obtaining compliance without the 
matter entering the court system.  The unique feature of the 
program requires the defendant to pay an administrative fine or 
ticket designed to recover a portion of the administrative 
expense of the program. (1)  These ``hang on'' or ``P'' tickets, as 
they are more commonly called, have been used by a number of 
communities, particularly in Cook County, IL.                     

     The authority for the AWT program is derived from Chapter 
24, Section 1-2-8 of the Illinois Revised Statutes (1985), which 
states  that ``fines, penalties, and forfeitures for the 
violation of ordinances...shall be paid...at such times and in  
such  manner as may be prescribed by ordinance.'' (2)  The 
procedure of the ``hang on'' or ``P'' ticket is set by ordinance. 
These tickets are written solely for minor offenses, such as 
parking tickets, village stickers and minor equipment violations. 
While Chapter 24, Section 1101-1, Illinois Revised Statutes 
(1985) provides that ``each municipality may pass and enforce all 
necessary police ordinances,'' case law has repeatedly held that 
this section grants municipalities no additional powers other 
than those delegated under other provisions of the statutes. (3)
     
IN PRACTICE

     Once an officer has observed a minor ordinance violation, 
which has been adopted by the Village Board for the AWT program, 
that officer has the option to issue a State uniform traffic 
citation or the AWT.  In many cases the officer chooses the 
latter.                                                           

     The AWT is a four-part citation.  At the time of the 
offense, the officer will issue the violator two copies the first 
page and the fourth page.  The fourth page is an envelope in 
which the violator can mail/bring in the fine money.  The second 
and third pages of the ticket are the issuing department's 
copies.  The third page also becomes the final notice reminder if 
the fine has not been paid within the first 10 days.              

     At the time of issuance, the officer will also explain the 
violation and issue the proper copies.  The violator will then 
have 10 days from the date of issuance to pay the fine, and in 
some cases, repair or comply. Repair and comply is an additional 
requirement in which the violator must repair/remedy the 
violation and show proof at the police station.  Violators who 
reside outside the village may have their local police department 
inspect the violation and forward the proof of compliance to the 
Romeoville Police Department.                                     

     If the penalty has not been paid within the first 10 days, 
the violator will be sent the final notice stating that the fine 
has been increased to $25.  If payment is not made within 20 
additional days from the original issue date, a criminal 
complaint will be signed and a court appearance will be 
mandatory.  If payment is received, but the violator has not 
complied, the person shall be cited the second time with a State 
uniform traffic citation.  Repeat offenders, however, are cited 
on State uniform traffic citations and not the AWT ticket.        

     The fines are paid at the village hall or the night 
depository located within the police department.  Upon receipt, 
village hall personnel will then note that the fine has been paid 
and direct it to the originating department.  The originating 
department will then use this to close its file.  If 30 days have 
passed and the fine has not been paid, the AWT will be voided and 
kept as evidence.  A criminal complaint will then be signed, and 
a notice to appear in court mailed to the violator.               

THE BENEFITS
                                                      
     In essence, tickets issued under this program are a 
courtesy.  Violators are almost eager to dispose of the matter by 
paying the fine, which is significantly less than what would 
ordinarily be due on a State uniform traffic citation. (4) 
Recipients also realize that the AWT does not result in a mark 
against their driver's license record, thereby providing another 
incentive to ensure quick compliance and settlement of the 
matter.                                                           

     Another benefit of the program is that offenders, who can 
show compliance at the station, do not need to post bond or take 
time off to appear in court.  The AWT system also encourages 
greater compliance of equipment and licensing ordinances than the 
traditional type of written warning ticket.                       

     Because the number of minor violations appearing on the 
court docket is reduced, a larger portion of the court's time is 
spent dealing with more serious violations.  The amount of 
paperwork handled by court clerks is reduced because they are no 
longer required to process what was previously a substantial 
number of minor ordinance violations.  And, personnel who would 
otherwise be involved in court preparation and appearances are 
able to perform other duties.  However, the most notable benefit 
for the police department has been a significant reduction of 
officer's court time compensation.  This equates monetarily to 
thousands of dollars saved each fiscal year.                      

THE RESULTS
                                                       
     From February 1, 1988, through May 31, 1988, the fines 
collected reflected a voluntary compliance rate between 75 and 80 
percent.  March indicated a higher number of tickets as this was 
the first month of intensive enforcement.  April and May tickets 
were possibly more realistic as the community made an effort to 
comply without further action.  An increase was expected during 
the summer due to increased traffic, and because road monitoring 
for expired village vehicle stickers began in July.  As of May 
31, 1988, a total of 594 tickets were issued and $5,440 in fines 
were collected. (5)
                                                  
     Three departments are involved in the program--police, fire, 
and code enforcement.  Both the chief of police and code 
enforcement officer have agreed that the 80- to 90-percent 
compliance estimates have exceeded their original expectations.   

      Administratively, the program has worked smoothly, with 
very few problems.  The village police department has had few 
complaints from residents, and most seem to appreciate the 
opportunity to take care of the problem locally without a court 
appearance.                                                       

CONCLUSION
                                                        
     Overall, the program has been a success. Various savings 
have been realized on the part of both the court and the village. 
Not to be overlooked is the positive effect the program has had 
on community relations between the police department and local 
citizens.  The program has also enhanced driver safety and 
awareness of traffic regulations.  The AWT program has had a 
decidedly favorable effect on the Village of Romeoville, the 
circuit court of Will County, IL, and the residents of 
Romeoville.                                                       


FOOTNOTES
                                                         
(1) Sonya A. Crawshaw, History of the Warning Ticket, 1984.     

(2) Illinois Revised Statutes, Cities and Villages, Chapter 24, 
Section 1-2-8, 1985.                                              

(3) Illinois Revised Statutes, Cities and Villages, Chapter 24, 
Section 1101, 1985.                                               

(4) Binninger, Dawson, Sauer, ``The P.W. Story,'' Illinois 
Municipal Review, 1984.                                           

(5) Andrew J. Barto, Review of the AWT Program, 1988.