Lake County program gives first-time offenders a second chance

The Lake County state's attorney's office is ready to offer first-time offenders who commit nonviolent crimes the deal of a lifetime.

Its new Alternative Prosecution Program will allow such defendants to plead guilty early during the litigation stage in exchange for wiping the conviction from their permanent arrest record.

While the program's goal is to "reduce recidivism, case loads and the jail population," it also aims to help first offenders get out from under a mistake and move on with their lives, Lake County State's Attorney Michael Nerheim said.

"There isn't anyone who hasn't made a poor choice at some point in life," he said. "This is a way to make sure it doesn't hang over your head forever."

The program was unanimously approved June 9 by the Lake County Board, and will go into effect in the coming months, he said.

The types of crimes that would fall within the parameters of the program include small-quantity drug possession, some theft charges and those involving property damage, Nerheim said.

Cynthia Vargas, communications manager for the state's attorney's office, said all applicants are referred to the program by a judge, prosecutor, private attorney, public defender or police officer. Program administrators will accept referrals at any time before the defendant's arraignment, but the request for an application usually will be made at the first court appearance.

Applicants are given a risk assessment and interview, then meet with a panel of volunteer citizens to determine whether they fit the program requirements, Vargas said.

Those who are accepted must satisfy various requirements set by the committee, she said. They may include obtaining a high school diploma or G.E.D., counseling or substance abuse treatment, completing public or community service hours, paying full restitution to any victim, writing a letter of apology, finding or maintaining employment, and paying fees to a designated Lake County anti-crime program.

After receiving approval to join the program by the review panel and by Nerheim, the offender will need to appear in court three times: first to plead guilty to the charges and start the program; halfway through the program to ensure the offender is living up to the requirements; and upon completion to have the conviction removed from the record.

"The first step of the program is having the offender take responsibility for their actions," Nerheim said. "They do that by pleading guilty in court."

If a defendant fails to complete the requirements in a timely manner, he or she will be dropped from the program and the case will return to court for sentencing on the original charges, he said.

The program mirrors a similar one used in Kane County, Nerheim said.

Of the 307 applicants who were accepted into the Kane County program in 2014, 229 met the requirements and graduated, officials said. Since its inception in 1995, 4,327 defendants have successfully completed the program and 1,197 have failed, officials said.

In addition, participants have paid more than $180,000 in fees to Kane County as part of the program, $2.5 million in restitution to victims, and performed more than 13,000 community service hours, officials said.

"Our deferred prosecution programs have been successful, first, because the judiciary, defense attorneys and attorneys in this office have faith in them; and second, because the programs provide the participants with the knowledge they need to keep from becoming repeat offenders while holding them accountable for their actions," Kane County State's Attorney Joe McMahon said in an email.

Nerheim said there is no additional cost to Lake County taxpayers for the program. However, there are fees charged to the offender, based on his or her ability to pay. The fees will not be more than $1,500, plus a $125 drug test monitoring fee and a $200 restitution fee to a not-for-profit Lake County anti-crime program. Restitution payment will also be required, when applicable.

Vargas said the office hopes to have 50 people graduate from the Lake County program in its inaugural year.

Officials stressed the program is not open to everyone. Vargas said there is an extensive list of restrictions that would make people ineligible. Among those excluded are gang members, anyone who has a previous conviction in adult or juvenile court, and those facing violent, domestic abuse, or sex offense charges.

Should the offender not be accepted into the program, Vargas said, the case will resume in criminal court.