Program Goals/Target Population
The Cook County (Ill.) State’s Attorney’s Office Deferred Prosecution Program (DPP) is an alternative sentencing program aimed at diverting individuals from the criminal justice system. The program is intended for individuals who committed first-time nonviolent felony offenses.
Program Eligibility
Defendants are eligible for the DPP if they do not have a prior violent felony conviction. Additionally, any misdemeanor conviction that is determined by the courts to be a violent offense makes the defendant ineligible. The courts define violent offenses as those in which bodily harm is inflicted or where force is used against or threatened against any person. Defendants are not eligible for the DPP program if they previously participated in the program or are charged with the delivery of, intent to deliver, or manufacture of a controlled substance.
Program Components
Defendants who are eligible for DPP are chosen by the assistant state’s attorney from the Cook County Branch Court. Victims are contacted first for their approval to defer the defendant’s prosecution. The victims have veto power to deny a defendant’s participation in the program.
Once defendants are selected and their victims approve of their participation, the defendants are represented by a defense attorney, and their right to a preliminary hearing is waived. The defendants accept the conditions of the 12-month, DPP program during which time they must come to court for an initial court appearance and then once every 3 months. After the initial trial, defendants are assigned to a pretrial services officer and must meet with their assigned officer monthly. For certain offenses, defendants are required to meet educational and employment conditions, including a full restitution to the victim or property owner, enrollment and attendance in a GED program, and community service participation.
At the end of the program, defendants’ felony charges are dismissed, and they can then have their records expunged. A participant who reoffends during the program will be expelled from the program, as determined by the state’s attorney’s office. If defendants do not complete the program, the felony will remain on their records, and they will proceed with having a traditional courtroom prosecution.