Kane Co. launches program to deter domestic violence
Prosecutors say it's a scenario that plays out far too often in domestic violence court: A man is charged with battering his wife or girlfriend only to see the case dismissed when the victim recants her story.
In most such cases, prosecutors say, victims are trying to protect their families from the negative consequences that a criminal conviction could bring to their households. But the end result is no accountability, no treatment and likely more abuse.
In an effort to reverse that trend in Kane County, State's Attorney John Barsanti announced Wednesday a new program that attempts to help victims keep the peace at home without letting their abusers off scot-free. He said it is believed to be the first program in the state to spare first-time abusers a criminal conviction in exchange for an admission of guilt and a willingness to get help.
“I have no illusions, Barsanti said. “We're not going to end domestic violence with this program. But it will allow us to get to a percentage of these defendants and improve the situation for some victims and their families.
Launched Oct. 5, the program requires defendants to plead guilty, comply with court-ordered counseling for a year, and have 10 years of subsequent good behavior for the record of their arrest to be expunged. Only misdemeanor cases are eligible, and only with the victim's consent.
Assistant State's Attorney Jamie Mosser, who heads Kane County's domestic violence unit, said the intent is to divert the prosecution of domestic battery away from penalties that could jeopardize a defendant's ability to work or live at home, and put the focus on treating the situation. If a defendant fails to meet the conditions, he can be resentenced to up to a year in jail, and the conviction goes on his record.
“Ultimately, we are helping the victim out … to try and get them out of the danger they're in, Mosser said. “This is about what's best for her and her family.
About 1,600 misdemeanor domestic violence cases are charged in Kane County each year. Of those, between 150 and 180 are expected to be eligible for the new program. So far, three have applied.
Mosser said defendants with a prior record of abuse can't participate. Neither can anyone accused of threatening or causing serious bodily harm, or using a deadly weapon.
Barsanti made Wednesday's announcement at a news conference attended by supporters from the Mutual Ground domestic violence shelter in Aurora, Elgin's Community Crisis Center, and the public defender's office. He said a board of directors consisting of prosecutors, victim advocates and defense attorneys has been tapped to administer and monitor the program, launched a month before he leaves office to become a judge.
Michelle Curry, executive director at Mutual Ground, said she supports the program because it could result in fewer cases being dismissed, and fewer defendants being let off with a “slap on the wrist.
“I think it will hold abusers more accountable while also keeping victims safe, she said. “This is new to us, so I think we're all going to see how it goes.