Winnebago County expands program giving low-risk offenders a second chance

By Kevin Haas
Rock River Current
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ROCKFORD — The Winnebago County State’s Attorney’s Office is expanding a program that allows low-risk offenders to avoid having a conviction on their permanent record.

The deferred prosecution program, or Divert as it’s called here, has existed for years. But the $500 fee for the program has been a barrier for some to participate. A state grant of more than $1 million secured by state Rep. Maurice West will help expand the program and allow people to participate without the fee.

That is already paying dividends on State’s Attorney J. Hanley’s goal of doubling the program’s numbers. Typically, about 40 to 50 people are enrolled each year, he said. Since the office began expanding the program in anticipation of receiving the grant, already 25 people have been enrolled since Feb. 15.

“If you take that out for a year, that equals about 115, 120 enrollees,” Hanley said during a news conference Wednesday. “We’ve only started the momentum. We anticipate we’re probably going to enroll potentially 200-300 people within the first year.”

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Hanley has also streamlined the process to enroll participants, with most enrolled within 20-30 days of their arrest and often before their first court appearance.

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The program is designed to hold people accountable for their crime by admitting guilt, writing a letter of apology to the victim and paying full restitution. It is also meant to help reduce future criminal behavior and allow prosecutors to divert resources to more serious violent crimes.

“Resource allocation is really important,” Hanley said. “When I’m talking to our prosecutors and say our focus is on violent offenders and particularly illegal firearms and I divert resources to that, that means something.”

The requirements of the program may include completing community service hours, obtaining high school diploma or G.E.D. and getting counseling. Typically low-level offenders charged with crimes such as retail theft, criminal trespassing, or low-level drug possession will be included. But the state’s attorney’s office has discretion to include others when appropriate.

“This program will help participants to become contributing members of our community, rather than being saddled with an anchor that will only drag them and our community down,” West said.

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West has been pushing for funding for the program since State’s Attorney Marilyn Hite Ross, Hanley’s predecessor, was in office. After about three years of pursuit and advocacy in Springfield, the grant was awarded on May 14.

“I am so thankful for Representative West’s efforts in support of the program,” Hanley said. “Without his tireless efforts, the Divert program would not have come to fruition.”

Loyola University in Chicago will study the program’s effectiveness on reducing recidivism. West said he expects it to be successful. From 2014-2020, he said 97% of participants completed the program.

Divert ensures first-time, non-violent offenders “understand the impact of their behavior, accept responsibility and develop their own capacities so that they will be able to become fully integrated respected members of our community,” West said. “They will be far less likely to re-offend. … They will be in a better position to receive the education and the tools to become successful members of the workforce, which will help increase our tax base and decrease our skills gap.”

This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas.