State’s Attorney Alvarez announces first graduates of Alternative Prosecution Program

The Cook County State’s Attorney’s Office has dismissed felony criminal charges against the first group of offenders who have successfully completed the requirements of a new alternative prosecution program aimed at giving first-time, non-violent offenders a second chance, State’s Attorney Anita Alvarez announced recently.

Joined by Cook County Chief Judge Timothy Evans, Alvarez announced that 32 adult offenders who participated in the State’s Attorney’s Deferred Prosecution Program appeared in court last month to have their felony charges formally dismissed as a result of the first-of-its-kind program to be implemented by prosecutors in Cook County.  The program was begun in joint cooperation with Judge Evans and Presiding Judge Paul Biebel, with the participation of the Cook County Public Defender’s Office, the Cook County Pre-Trial Services Department and TASC (Treatment Alternatives for Special Clients).

Since it started last March, more than 370 offenders have been accepted into the Deferred Prosecution program.  The program is designed to enable non-violent offenders to avoid a felony conviction if they successfully complete an intensive 12-month pre-indictment diversion program.  The program requires the consent of the victim of the crime and participants must voluntarily enter the program and complete all mandatory requirements during the course of their participation.

“Our work as prosecutors does not just involve racking up convictions and putting offenders in jail,” said Alvarez. “It is clear that there are too many cases in our criminal justice system and I think that we can play an important role in implementing new alternative sentencing measures that not only bring just results, but also provide non-violent offenders with a second chance.”

To date, 94% of the participants admitted into the Deferred Prosecution Program have not been arrested for new criminal activity and 90% are in compliance with the expectations of the program.  The State’s Attorney’s Office has the sole discretion of determining which individuals are accepted into the program.  A defendant is not eligible for the program if they have been charged with a violent crime involving bodily harm, sexual conduct or possession of a firearm or a dangerous weapon. 

Among the crimes that are accepted in the program are retail theft, theft, forgery, possession of a stolen motor vehicle, burglary, possession of cannabis and other specified narcotics charges.  Upon successful completion of the program, the felony charge will be dismissed by the State’s Attorney’s Office.  Eligible participants must be charged with a non-violent felony offense and cannot have a past conviction for any violent crimes.

Once an offender has been accepted into the Deferred Prosecution Program and screened by the State’s Attorney’s Office, Adult Probation Pre-Trial Services and TASC, the case is given a 90-day status date to monitor the progress of the offender.

During the 90-day period, an emphasis is placed on providing the offender with appropriate educational, vocational and treatment activities to improve the offenders chances for success.  If the defendant violates any conditions of the program or fails to complete the program in the specified time frame, the case will proceed to a felony courtroom where prosecution of the defendant proceeds as in all criminal cases.

These graduates successfully completed the program in 9 months, earlier than the allotted 12 month time frame. In addition to dismissing the felony charge, the State’s Attorney’s Office is also providing all program participants with information on how to have the charge permanently expunged from their record.

“This program is not designed to let anyone off the hook, but rather to hold the offender accountable with mandatory participation in intensive court services programming,” Alvarez said.  “If the defendant is willing to acknowledge their crime and successfully complete the terms of this program, they can avoid the permanent consequences and stigma of a felony conviction.”

The requirements of the program include:

~  Defendant must be employed or must obtain a job.  Those that are not employed must complete 96 hours of community service.

~  Where applicable, defendant must make restitution to the victim or property owner impacted by their crime.

~  Defendant must not possess drugs, firearms or weapons of get arrested while in the program.      

~  If they do not have a high school diploma, defendant must attend GED classes.

~  Where appropriate, offenders must participate in drug or alcohol treatment.

~  Offenders must attend all court dates and court-ordered appointments.