Program For Minor Offenders Launching In McHenry County

MCHENRY COUNTY, IL — Patrick D. Kenneally, the McHenry County State’s Attorney, is launching the Deferred Prosecution Program, formerly the First Offender Program, on Aug. 1, a release from the McHenry County State's Attorney's Office announced in a release Monday. According to the release, the Deferred Prosecution Program will continue to build on the success of the First Offender Program, and expand upon the McHenry County State’s Attorney’s commitment to reroute less serious offenders from the criminal justice system to a less expensive process ran by a volunteer panel of citizens.

According to the state's attorney's office, an offender admitted into the Deferred Prosecution Program will write out a statement admitting to the offense, appear before a panel of citizens who are informed of the details of the offense, and will also meet with the panel. The victim of the offense will also have an opportunity to address the offender and panel members, according to the release.

Following this, the panel will give the offender several program requirements that must be completed within a certain period before their case is dismissed, according to the state's attorney's office. Examples of possible requirements include making full restitution to the victim, completing community service hours, obtaining a high school diploma, seeking counseling or substance abuse treatment, obtaining and maintaining employment, and not committing further offenses, according to the release.

However, if the offender fails to complete the program successfully, the case is returned to the courts for prosecution, the state's attorney's office said.

The diversion of first-time offenders boasted a recidivism rate of less than 20 percent, according to the state's attorney's office, adding that the Deferred Prosecution Program looks to build upon this success by allowing admission — on a case-by-case basis — of minor offenders who may have been arrested before.

“While holding everyone that has violated the law accountable is paramount, inflexible approaches to prosecuting less serious offenses is unnecessarily expensive and risks imposing criminal convictions that can have collateral consequences for the rest of an offender’s life," Kenneally said, in the release. "The Deferred Prosecution Program is a win-win. It establishes consequences and effectively promotes rehabilitation for those who have broken the law, does a better job reducing recidivism, and helps alleviate the financial and personnel strain on the system.”

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