172 lines
9.0 KiB
Plaintext
172 lines
9.0 KiB
Plaintext
FEBRUARY 1990
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THE ADMINISTRATIVE WARNING TICKET PROGRAM
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By
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Lt. Andrew J. Barto
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Village of Romeoville Police Department
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Romeoville, IL
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Overcrowded courtrooms, excessive court time for police
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officers, and citizens spending long hours in court are not new
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problems for the judicial system. Many courtrooms are filled
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beyond capacity, which unfortunately results in many cases not
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being prosecuted. However, the Village of Romeoville, IL, a
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suburban community of Chicago, implemented an Administrative
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Warning Ticket (AWT) Program to alleviate these problems.
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THE PROGRAM
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The AWT program was designed to administratively process
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minor ordinance violations, such as licensing and equipment
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violations, with the intent of obtaining compliance without the
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matter entering the court system. The unique feature of the
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program requires the defendant to pay an administrative fine or
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ticket designed to recover a portion of the administrative
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expense of the program. (1) These ``hang on'' or ``P'' tickets, as
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they are more commonly called, have been used by a number of
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communities, particularly in Cook County, IL.
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The authority for the AWT program is derived from Chapter
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24, Section 1-2-8 of the Illinois Revised Statutes (1985), which
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states that ``fines, penalties, and forfeitures for the
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violation of ordinances...shall be paid...at such times and in
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such manner as may be prescribed by ordinance.'' (2) The
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procedure of the ``hang on'' or ``P'' ticket is set by ordinance.
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These tickets are written solely for minor offenses, such as
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parking tickets, village stickers and minor equipment violations.
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While Chapter 24, Section 1101-1, Illinois Revised Statutes
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(1985) provides that ``each municipality may pass and enforce all
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necessary police ordinances,'' case law has repeatedly held that
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this section grants municipalities no additional powers other
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than those delegated under other provisions of the statutes. (3)
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IN PRACTICE
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Once an officer has observed a minor ordinance violation,
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which has been adopted by the Village Board for the AWT program,
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that officer has the option to issue a State uniform traffic
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citation or the AWT. In many cases the officer chooses the
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latter.
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The AWT is a four-part citation. At the time of the
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offense, the officer will issue the violator two copies the first
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page and the fourth page. The fourth page is an envelope in
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which the violator can mail/bring in the fine money. The second
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and third pages of the ticket are the issuing department's
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copies. The third page also becomes the final notice reminder if
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the fine has not been paid within the first 10 days.
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At the time of issuance, the officer will also explain the
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violation and issue the proper copies. The violator will then
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have 10 days from the date of issuance to pay the fine, and in
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some cases, repair or comply. Repair and comply is an additional
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requirement in which the violator must repair/remedy the
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violation and show proof at the police station. Violators who
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reside outside the village may have their local police department
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inspect the violation and forward the proof of compliance to the
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Romeoville Police Department.
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If the penalty has not been paid within the first 10 days,
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the violator will be sent the final notice stating that the fine
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has been increased to $25. If payment is not made within 20
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additional days from the original issue date, a criminal
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complaint will be signed and a court appearance will be
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mandatory. If payment is received, but the violator has not
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complied, the person shall be cited the second time with a State
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uniform traffic citation. Repeat offenders, however, are cited
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on State uniform traffic citations and not the AWT ticket.
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The fines are paid at the village hall or the night
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depository located within the police department. Upon receipt,
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village hall personnel will then note that the fine has been paid
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and direct it to the originating department. The originating
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department will then use this to close its file. If 30 days have
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passed and the fine has not been paid, the AWT will be voided and
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kept as evidence. A criminal complaint will then be signed, and
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a notice to appear in court mailed to the violator.
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THE BENEFITS
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In essence, tickets issued under this program are a
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courtesy. Violators are almost eager to dispose of the matter by
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paying the fine, which is significantly less than what would
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ordinarily be due on a State uniform traffic citation. (4)
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Recipients also realize that the AWT does not result in a mark
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against their driver's license record, thereby providing another
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incentive to ensure quick compliance and settlement of the
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matter.
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Another benefit of the program is that offenders, who can
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show compliance at the station, do not need to post bond or take
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time off to appear in court. The AWT system also encourages
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greater compliance of equipment and licensing ordinances than the
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traditional type of written warning ticket.
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Because the number of minor violations appearing on the
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court docket is reduced, a larger portion of the court's time is
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spent dealing with more serious violations. The amount of
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paperwork handled by court clerks is reduced because they are no
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longer required to process what was previously a substantial
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number of minor ordinance violations. And, personnel who would
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otherwise be involved in court preparation and appearances are
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able to perform other duties. However, the most notable benefit
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for the police department has been a significant reduction of
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officer's court time compensation. This equates monetarily to
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thousands of dollars saved each fiscal year.
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THE RESULTS
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From February 1, 1988, through May 31, 1988, the fines
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collected reflected a voluntary compliance rate between 75 and 80
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percent. March indicated a higher number of tickets as this was
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the first month of intensive enforcement. April and May tickets
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were possibly more realistic as the community made an effort to
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comply without further action. An increase was expected during
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the summer due to increased traffic, and because road monitoring
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for expired village vehicle stickers began in July. As of May
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31, 1988, a total of 594 tickets were issued and $5,440 in fines
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were collected. (5)
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Three departments are involved in the program--police, fire,
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and code enforcement. Both the chief of police and code
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enforcement officer have agreed that the 80- to 90-percent
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compliance estimates have exceeded their original expectations.
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Administratively, the program has worked smoothly, with
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very few problems. The village police department has had few
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complaints from residents, and most seem to appreciate the
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opportunity to take care of the problem locally without a court
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appearance.
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CONCLUSION
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Overall, the program has been a success. Various savings
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have been realized on the part of both the court and the village.
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Not to be overlooked is the positive effect the program has had
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on community relations between the police department and local
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citizens. The program has also enhanced driver safety and
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awareness of traffic regulations. The AWT program has had a
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decidedly favorable effect on the Village of Romeoville, the
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circuit court of Will County, IL, and the residents of
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Romeoville.
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FOOTNOTES
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(1) Sonya A. Crawshaw, History of the Warning Ticket, 1984.
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(2) Illinois Revised Statutes, Cities and Villages, Chapter 24,
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Section 1-2-8, 1985.
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(3) Illinois Revised Statutes, Cities and Villages, Chapter 24,
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Section 1101, 1985.
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(4) Binninger, Dawson, Sauer, ``The P.W. Story,'' Illinois
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Municipal Review, 1984.
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(5) Andrew J. Barto, Review of the AWT Program, 1988.
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