The Kane County State’s Attorney’s Office has been a leader in developing and implementing deferred prosecution programs for non-violent, first-time offenders. Our deferred prosecution programs hold offenders accountable without ignoring the needs of victims. Offenders who are prepared to accept responsibility for their actions have an opportunity to learn from their actions and are given a second chance to keep their record clear of a criminal conviction, which can have a devastating--, lifelong impact.
Programs have specific expectations for successful completion, such as counseling and community service. Programs also have disqualifying factors, such as the offender’s criminal history and the severity of the crime. Programs require application and program fees that can be adjusted based on the offender’s ability to pay.Our office began offering deferred prosecution programs in October 1995. Since then, the number of programs has grown to five, and about 80 percent of the roughly 5,000 participants have completed the programs. A recent study on recidivism rates shows that only about eight percent of those who complete the program are convicted of a new offense within three years.All Applicants are screened and must be accepted into the program. Upon successful completion, the state’s attorney agrees to dismiss pending charges against the defendant. Negative termination means prosecution of the criminal case will resume.
Felony/Misdemeanor
A conviction for a criminal offender can have devastating long-term effects. It can impede someone’s ability to be admitted into college or get a job. The Felony/Misdemeanor Program provides a plan for first-time non-violent offenders to keep a conviction from being permanently entered on their record while accepting responsibility for their criminal activity. Felony/Misdemeanor Deferred Prosecution Program
Misdemeanor Drug & Alcohol
This six-month program holds certain first-time misdemeanor drug and alcohol offenders accountable, provides information and counseling about the risks of alcohol and drug use, and provides tools necessary to prevent them from becoming repeat offenders or addicts. Successful completion of this program allows offenders to immediately clear their records. By comparison, offenders who complete court supervision must wait two years before they can apply to clear their records. Misdemeanor Drug & Alcohol Deferred Prosecution Program
Domestic Violence
This program was created in collaboration with victims’ rights groups, the Community Crisis Center of Elgin, Mutual Ground of Aurora, and criminal defense attorneys. This program is the first domestic violence diversion program in Illinois. It is designed to hold first-time domestic violence offenders accountable and provide the tools necessary to prevent them from becoming repeat offenders. Some participants learn to improve their home and family situation, and their victims won’t have to risk choosing between their family and their safety. Successful completion will prevent a permanent conviction from being placed on the offender’s record. Domestic Violence Deferred Prosecution Program
Felony Drug
Available to offenders who are charged with first-time offenses of Class 4 Unlawful Possession of a Controlled Substance, up to 5 grams, and Class 4 Unlawful Possession of Cannabis, up to 100 grams. This one-year treatment-based program gives offenders the opportunity to avoid prison and a permanent conviction on their record and learn to live drug-free and more productive lives, as well as reducing the likelihood that they re-offender or become perpetual offenders. Upon Successful Completion of all program requirements, the State’s Attorney’s Office will agree to dismiss the pending charges. Felony Drug Deferred Prosecution Program
Solicitation/Prostitution
This one-year program helps educate certain prostitution - or solicitation-related offenders to understand the risks and consequences of committing these acts, and to remove occurrences of these offenses from the neighborhoods in which they occur. Solicitation/Prostitution Deferred Prosecution Program
