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Three strikes you’re in? Ottawa woman given 90 days for pre-trial release violations

Appeals court to review jail time

Rebecca J. Uptegrove

She skipped a court date. She let the battery drain on her GPS ankle bracelet. When she was picked up on Thursday, there was no bracelet on Rebecca Uptegrove’s ankle.

The Ottawa woman (also listed as Plano) did ask to be let out of La Salle County Jail with a verbal admonishment. Ultimately, however, her lawyer acknowledged that three strikes probably demanded some kind of sanction.

At a Friday hearing, attorneys sparred over questions: Did Uptegrove’s violations require a simple 30-day sanction? Or should it be 30 days for each violation of pre-trial release? And can the judge make her serve them back-to-back?

Lawyers at the hearing agreed: The SAFE-T Act is fuzzy. The part about sanctions could be clearer.

La Salle County Judge Michael C. Jansz settled the question – at least for Uptegrove.

Jansz said that her three violations demanded three sanctions, all to be served back-to-back. She will serve 90 days for the no-show and the device tampering.

“Once you break your pre-trial release once, you might as well break it 100 times,” Jansz said. He reasoned it was necessary for there to be progressive sanctions for multiple violations: “This court’s reading of the (SAFE-T) Act doesn’t suggest you can’t have consecutive sanctions.”

Jansz is the third felony judge in La Salle County to impose consecutive jail terms for multiple violations of pre-trial release. Two of his peers had previously ruled in favor of prosecutors who demanded back-to-back jail terms.

Friday’s ruling won’t be the last word on the subject. Uptegrove plans to appeal and she won’t be the only one. Appeals have been filed by others who couldn’t talk La Salle County judges into capping their sanctions at 30 days.

The 3rd District Appellate Court will settle the issue at some point. Uptegrove and others might be out of jail by the time the ruling comes down, though.

Uptegrove’s lawyer, Public Defender Ryan Hamer, declined comment.

La Salle County State’s Attorney Joe Navarro said he doesn’t think the SAFE-T Act is ambiguous. For a defendant to be penalized for each violation is consistent with the act and it’s common sense.

“There have to be consequences for your actions, each and every one of them.”

Tom Collins

Tom Collins

Tom Collins covers criminal justice in La Salle County.