Sleepy Hollow might prosecute first-time DUI offenders locally

Sleepy Hollow is considering prosecuting first-time DUI offenders at the local level rather than sending the cases directly to the state court system — a move Police Chief James Linane says would be a win-win.

While violators would likely face a less onerous court process and smaller fines, he said, the village would obtain a larger percentage of those fees upfront.

Sleepy Hollow would also have a structured process in place for handling the offense internally, which could include court supervision, community service and alcohol-related counseling, Linane said, noting first-time offenders typically don't serve jail time.

“If they go into our local court ... the format is more first-time offender friendly than going into the state court,” he said. “It's on a more personal level with us.”

With Village Attorney Mark Schuster serving as the prosecutor for such cases, Linane added, “There's a sense of familiarity with what we as a police department do and what's expected of him.”

However, Linane said a particularly egregious case would be sent directly to the state, such as if the offender got into a car accident, was involved in a violent incident or is facing additional charges.

Authorities could also decide at any time to upgrade the local charges to a state charge.

“It's not mandatory that way,” Schuster said. “Any offense can be charged to a state charge. If (trustees) approve it, there would be authority in the police department to consider making it a local charge instead of a state charge for a first offender.”

Linane estimates half the DUI arrests in Sleepy Hollow — 19 in 2015 and about 30 in 2014 — are first-time offenses.

The village board gave the green light Tuesday to draft an ordinance that would authorize Sleepy Hollow authorities to handle such cases internally.

Trustees also instructed the village to seek required approval from the Kane County state's attorney's office. Several other municipalities have similar programs, including South Elgin and Hampshire, where Schuster also serves as the local prosecutor.

The amount of money Sleepy Hollow receives from the state in fees for such cases varies and is often inconsistent, Village President Stephan Pickett said. The village received $1,800 in 2012, $1,300 in 2013 and $956 in 2014.

Charging and processing those offenses locally would likely bring in about $1,000 per case, Linane said, and the money would go into the village's coffers more quickly.

For the officers making a DUI arrest, the roughly four-hour procedure would hardly change, he said, but the additional revenue would help to offset manpower costs.

“The learning curve is minimal,” Linane said. “The way we look at it is a win-win for both the violators for getting a second chance, and the village is getting somewhat better restitution for our time and effort.”