First-time felons in Illinois could escape prison time and get a fresh start under a new proposal, but prosecutors and victims rights organizations say it may not ease the stress of a strained court system or protect victims.
State Sen. Kwame Raoul (D-Chicago) introduced SB 2607 on Jan. 21.It would allow offenders who either plead guilty or are found guilty of a non-violent felony the option of probation without having a judgment entered against them as long as there is an agreement with the prosecution. If they comply with the terms of probation, the charges would be dismissed.
Felonies eligible for probation would include theft, burglary, possession of a stolen vehicle, drug possession and drug dealing.
Rob Baker, spokesman for Illinois Probation and Court Services, said state lawmakers have already passed a law, the Illinois Controlled Substances Act, for first-time offenders who have substance abuse issues. The Act gives offenders charged with simple possession of drugs the opportunity to enter into a “410 or 710 Probation,” whereby the case can be dismissed without a conviction.
This new bill would expand the law, which Baker said could be an issue for prosecutors because the bill doesn’t limit eligible crimes to only drug-related offenses.
Baker said he sees how this could add to probation officer’s caseload, because a greater number of offenders could be eligible for this option. The probation system is already overloaded, he said, and this would add further stress and strain.
There were 33,354 offenders on probation in 2009, according to Illinois Department of Corrections statistics. This number is 7 percent higher than the national average, according to the National Institute of Corrections.
The bill has not been assigned a committee in the Senate, but Raoul’s Chief of Staff Brandon Thorne said it would likely be assigned the week of Feb. 8. Even though no hearing date has yet been scheduled, there is one group willing to testify in support of the measure.
Laura Brookes, director of policy at Treatment Alternatives for Safe Communities (TASC), said the measure is a good alternative to incarceration because prison is often inappropriate for defendants who have committed non-violent offenses. She said it is also more cost effective than prison and can have a life-changing, positive impact for their clients. TASC is a statewide, non-profit treatment center that has been around for over 30 years and receives many clients from court referrals.
“If they have felony convictions, people can’t get a job and can’t have full citizenship,” Brookes said.
It costs $23,394 to house one inmate for one year, according to the Illinois Department of Corrections; the average cost of treatment as a condition of probation is $4,425 per treatment episode, which varies with each individual’s recovery, said Brookes.
George Williams, spokesman for Treatment Alternatives for Safe Center, said the organization is dedicated to finding ways to keep men and women out of jail while focusing on promoting public safety. He said he applauds Raoul for his efforts in helping defendants earn a second chance and become active members of society.
By allowing offenders to have the charges dismissed and a clean record, Williams said, clients can work to overcome two types of stigma. First, there is the social stigma and challenge to integrate into the community because of rejection they might have to face.
“When a person is convicted of felony, there are all levels of consequences and public rebuke,” said Williams. “But there’s also an internal stigma where you think about the challenges and bear that burden.
“It’s hard to visualize being successful,” he said. “It’s the ex-offender phobia that stops them from attempting to do anything.”
Florida passed a similar law in 2009, but there is an exception that prohibits probation if it’s determined the offender poses a risk to the public.
Jan Leone, chief adult probation officer at the Drug Court in Rock Island County, shared concern that the bill would make defendants charged with drug delivery offenses eligible. While probation would benefit substance abusers, Leone said it wouldn’t help other offenders.
“We would not take these clients into our drug court, as we want ‘users’ not ‘dealers,’” Leone said.
Jennifer Bishop Jenkins, founder of Illinois Victims.org and a candidate for Cook County Commissioner, said she supports diversion programs for non-violent offenders but is concerned that the bill might be too far-reaching in including crimes such as felony burglary.
“The hardest thing is to draw that line between violent and non-violent, and this bill is pushing the line,” said Jenkins.
It is most important that the violent offenders remain in prison and not be released due to lack of resources and space, but the resources for probation officers should be increased, said Jenkins. She also supports sealing records but not expunging them.
“I would want to work with Sen. Raoul on the details,” said Jenkins. “We don’t want to overreach on who we are letting off completely scott-free.”
Saline County prosecutor Jeff Thompson said there will always be a record of a felony charge, so prosecuting re-offenders won’t be as difficult as some might think. The court system might not be relieved of any pressure if the bill passes, Thompson said.
“I do not foresee a great deal of unclogging the court system with this proposed change,” said Thompson. “Any person charged with a criminal offense is entitled to appear in court under the law.”
Thompson said if this bill expands the types of cases heard in drug courts in Illinois, that would be an added benefit. He said in his experience, drug courts work but shouldn’t be seen as a cure-all to the problems plaguing the criminal justice system.
“In my mind, the biggest factor in determining the success of this or any other model is to get the court system to buy into it,” said Thompson. “While options can be available, if the players do not buy into the options, there will be no real change.”
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