By Kevin Haas
Rock River Current
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ROCKFORD — A new specialty court designed for swifter prosecution of gun crimes and more consistent sentencing will launch in Winnebago County next month.
Winnebago County State’s Attorney J. Hanley said Wednesday that gun court, which has been one of his priorities since he was elected in November 2020, will start May 16.
“Winnebago County, and particularly the city of Rockford, is in the midst of a gun crime epidemic,” Hanley said. “I hope this reduces gun crimes in Winnebago County. That’s ultimately what this is about.”
The court is also intended to help reduce recidivism among those who commit gun crimes and incentivize law-abiding behavior through alternative sentences.
Hanley modeled the county’s gun court after a successful program in Monroe County, New York, and he worked in collaboration with the 17th Judicial Circuit Court and public defender’s office to bring it here.
Background: ‘We’ve got to adapt’: State’s attorney moves forward with gun court plan
All cases involving unlawful possession of a firearm will be directed to the new gun court, which will be in Courtroom A of the Winnebago County Criminal Justice Center. Cases where a weapon is used in a shooting or killing would continue to be directed to one of the other felony courtrooms.
Judge Joe McGraw will oversee gun court, which will also have dedicated prosecutors and public defenders in order to foster consistency and expertise.
“Gun court represents a collaborative and innovative approach to addressing the problems associated with unlawful gun use in our communities,” McGraw said in a statement. “Strategies employed will be evidence-based and outcomes will be monitored for effectiveness.”
Hanley said the effectiveness of the court — including how quickly cases are processed — will be monitored quarterly.
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While the court will deal with possession cases rather than those involving a shooting, home invasion or killing, swift prosecution of possession crimes can take a potentially dangerous person off the streets.
“I don’t want to paint with too broad of a brush, but there are lots of really serious violent criminals and oftentimes we just catch them in possession with a gun,” Hanley said.
Swift prosecution is also a deterrent, he said. The “gold standard” goal of gun court will be to resolve cases within three to six months rather than the roughly yearlong process now.
“To the streets, if someone’s sentenced two and a half years later it’s like it didn’t happen,” Hanley said. “You could get the best sentence in the world, but if it takes two years to get to trial or to get a disposition there’s no real deterrent effect. If you do it within 90 to 120 days the streets are going to know.”
Hanley appointed two experienced attorneys from his staff to oversee gun court. Amy Ohtani, who has been an attorney for 11 years, and Kris Carpenter, a lawyer with 20 years of criminal law experience, will serve as the court’s prosecutors.
“We are not leaving this to chance,” Hanley said. “We are putting our best and brightest into this court.”
A second phase of the gun court, which would allow some high-risk offenders to avoid prison if they complete an intense probation period, will take more time to develop, Hanley said. That’s true of the gun court, too, which will ramp up over several months to a year before the vast majority of the cases in the courtroom are gun possession crimes.
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Rockford police data illustrates the need for gun court, Assistant Deputy Chief Robert Reffett said. City police recovered 433 guns last year, an increase of 54% from 2020. There were also 164 people shot, down slightly from 170 in 2020, and 24 homicides. Police also responded to more than 1,000 calls for shots fired in 2021, Reffett said.
Hanley said there are roughly 700 possession gun crimes in the county each year, a figure that includes defendants with multiple charges.
“We are in the midst of a violent crime spike and illegal firearms are at the heart of such violence,” Hanley said. “Gun court alone will not solve this problem, but it is a necessary and unique strategy to foster consistency and certainty in prosecuting those who illegally possess guns in our community.”
This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas