‘We’ve got to adapt’: Winnebago County state’s attorney moves forward with gun court plan

Stateline Status Check | Winnebago County State’s Attorney J. Hanley

Stateline Status Check is a feature that checks in with community leaders and newsmakers to update you on the progress they’ve made on various initiatives and what they see next on the horizon. 

By Kevin Haas
Rock River Current
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ROCKFORD — Winnebago County State’s Attorney J. Hanley is pushing forward with a new specialty court that promises to provide swifter prosecution of gun crimes, consistent sentencing and intends to reduce gun crime.

The reform-minded Republican has made starting a gun court part of his priorities since being elected in November 2020, but initiating such a court requires the approval of 17th Judicial Circuit Chief Judge John Lowry.

Lowry told the Rock River Current that progress is being made on launching the court, but deferred other comments to Hanley, who is targeting an April 1 start date.

Criminal cases that involve an unlawful possession of a weapon charge would be directed to the court, which would have a designated judge on assignment. Cases where the weapon is used in a shooting or homicide would continue to be directed to other felony courtrooms.

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The court would function similar to the circuit’s dedicated domestic violence courtroom, and have one judge, two prosecutors and one to two public defenders dedicated to the court.

Hanley expects that can increase the swiftness of prosecution, with a goal of 90 to 180 days to concluding a case versus nearly a yearlong process now, he said.

“We’re at a point now in Winnebago County where we’ve got to adapt, and this gun court is one way to do it,” Hanley said.

He said about six different judges hear unlawful weapons charges now, and keeping those matters in front of one judge should provide consistency in how sentences are handed down.

“I don’t think we have that with respect to gun crime,” Hanley said. 

Breaking the cycle of violence

Also key to Hanley’s gun court efforts is a program designed to break the cycle of violence by working to change the behavior of young people involved in gun crime.

The program would allow people to avoid prison if they complete an intense probation period that could range from daily contacts to wearing a GPS tracker. The goal is to hold high-risk offenders accountable for their crimes while providing them with skills to become productive members of the community. It does that by engaging participants in programs designed to address everything from criminal thinking to who they associate with, family dysfunction and drug or alcohol dependence.

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There would also be incentives for participants who engage in victim restoration activities, find gainful employment, take educational or vocational training or participate in community or volunteer work.

Participants would be required to plead guilty and be sentenced to up to five years in the Department of Corrections, but that sentence would be stayed for 12 months. If they can complete the intense probation program, the sentence will be removed and they’ll transition to 12-18 additional months of probation.

“They’re still going to have a conviction, but they’ve avoided the Department of Corrections and hopefully we’ve rehabilitated them in some way so that there’s no recidivism there,” Hanley said. 

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He cautioned that the program will not be perfect, and even a completion rate of 40-45% for participants is considered good. But those who don’t successfully complete the program are then sent to prison, which would’ve been the outcome before joining the program.

“I think we have to try some different things,” he said. “I’m confident in the safety of those in the community because of the intense nature of the probation and how much supervision they’re on, and a lot of the research talks about the high risk people are the ones you need to go after.”

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Probation and prison

Those not in the deferred sentencing component of gun court would be swiftly tried, or plea, and if convicted, sentenced to probation or prison.

“A lot of people think if you illegally possess a gun you’re automatically going to the Department of Corrections,” Hanley said. “That’s not true. For first time offenders, they’re not going to the Department of Corrections. Generally they’re getting probation. That stands for most criminal matters.” 

Offenders who don’t qualify for deferred prosecution or aren’t suited for probation would be sentenced to the Department of Corrections.

“Ideally we’re sending them there for the appropriate amount of time but also in a relatively swift manner,” he said. 

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This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas.