People charged with drug crimes, shoplifting have a new path to avoid a conviction in Cook County

People charged with drug crimes, shoplifting and other nonviolent misdemeanors can now avoid a criminal conviction under a new program being touted by Cook County prosecutors.

This week, the Cook County state’s attorney’s office will start allowing defendants in certain low-level cases to complete programming in exchange for having their charges dropped.

“By providing services to address challenges such as substance abuse or mental health, we can make it less likely that these individuals will commit more crimes,” Cook County State’s Attorney Eileen O’Neill Burke said in a statement. “When appropriate, we can hold people accountable while also giving them a real opportunity to avoid future involvement in the criminal justice system.”

A form of diversion programming for misdemeanor cases existed prior to the pandemic but fell through the cracks when the courts moved online, according to Emily Cole, who oversees the state’s attorney’s Alternative Prosecution and Sentencing Unit.

This new iteration, known as the Misdemeanor Deferred Prosecution Program, is reorganized and far more expansive, Cole said.

“The idea behind diversion, in particular this diversion, is to connect individuals with community services and resources that would address underlying reasons that may have contributed to their criminal conduct,” she said in an interview.

“You’re helping them get connected to address a root cause, as well as holding the individual accountable for their actions and for the crime that they committed.”

There are three different tracks for deferred prosecution programming.

The behavioral health courts serve those with mental health conditions, substance abuse issues or housing insecurity. Veteran’s court offers programming to former service members. And the restorative justice courts focus on repairing the harms caused by a specific crime.

After determining a person’s eligibility for one of those tracks, prosecutors must get the victim’s consent to proceed. The person facing charges will then complete an assessment and receive recommendations, along with an order to return to court in 90 days. If the person completes the recommendations by the 90-day deadline, their charges will be dismissed during that hearing.

The state’s attorney’s office is particularly excited about the possibility of referring more cases to the county’s restorative justice courts. This marks the first time misdemeanor cases will be sent there, the office said.

“They’re currently not as utilized as they could be,” Cole said, “and they offer a lot of resources and connections within the community.”

Cook County has four restorative justice courts, based in Englewood, North Lawndale, Avondale and suburban Sauk Village. A person must be between 18 and 24 years old and live in one of those areas to qualify for the programming.

In addition to the other non-violent offenses, people charged with possession of ammunition and possession of a firearm with an expired gun license will also now be eligible for the restorative justice courts.

Those who fail to meet program requirements or pick up a new case could still be convicted.