Push for Alternatives to Incarceration for Non-Violent Offenders

billThis past Friday, Bruce Rauner signed into action a bill that has been dubbed “Rocket Docket.” This bill, which was envisioned by Cook County Sheriff Tom Dart, aims to prevent extended jail time for non-violent shoplifters and trespassers. Using this bill – primarily sponsored by Representative Mike Zalewski and Senator Bill Cunningham – Dart has spent the year campaigning against extended incarceration for these offenders.

Representative Zalewski identifies the bill as a positive action towards re-evaluating the workings and effectiveness of our criminal justice system. The bill also gained the support of Cook County State’s Attorney Anita Alvarez who has demonstrated a belief in less-harsh sentencing for non-violent offenders – not only through her support of this bill, but also through her April announcement that her office would not be prosecuting most misdemeanor charges of marijuana possession (read our previous post for more information).

The law aims to better serve the underprivileged and mentally ill, who Dart believes are often jailed for committing “crimes of survival,” by creating a two-year pilot program known as the Accelerated Resolution Court in Cook County. This bill provides that the court must dispose of low-level shoplifting (that is, theft of items valued at under $300) and criminal trespassing cases within 30 days of their assignment. According to the sheriff’s office, more than 100 inmates could immediately take advantage of this new court. While the Accelerated Resolution Court will help to ease overpopulation in the Cook County Jail, it has been emphasized that the primary reason for the implementation of the new court is to give inmates the opportunity to work – outside of the jail – while they’re fighting their cases. If the cases aren’t resolved within a month, the defendant must be freed on their own recognizance or placed on electronic monitoring pending the completion of their case.

The Accelerated Resolution Court was developed with homeless and mentally ill people in mind, and will not be an available option to those with a history of violent crime. Judges in the court may also require defendants to refrain from drugs/alcohol; receive mental health treatment; and/or live in a facility selected by the court.

Some legislators and policy makers are not sure about the outcome the “Rocket Docket” will yield. Some have proposed that it may send a message that misdemeanor offenses are essentially a “freebie.” Representative Mark Batinick has demonstrated a few qualms in regard to the bill, proposing that it isn’t necessarily a solution to the problem being discussed. Batinick has stated that he agrees jails should not be used as mental treatment facilities, but questions if complete freedom is a viable answer. Batinick’s perspective opens the door for discourse about: a) the ability of the “Rocket Docket” program to work properly and efficiently; b) the lack of available services for those struggling with mental illness.

Implemented properly, the “Rocket Docket” does have potential to aid homeless and mentally ill people. According to Cara Smith, chief strategist for the sheriff’s office, other types of offenses – such as non-violent drug crimes – could end up being included in the Rocket Docket, pending the results of the pilot program. This could provide those committing “crimes of survival” with the ability to work, earn money, and get back on their feet while also saving taxpayers’ dollars from being spent on those who are not in need of incarceration.

Let us know your thoughts on this bill and, as always, if you are charged with any crime – whether it be eligible for the new Accelerated Resolution Court or not – please contact LauraLaw immediately so we can aid you in both protecting your rights and navigating the often-confusing legal system.


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