Program Profile: Cook County (Ill.) State Attorney's Deferred Prosecution Program (DPP)

This is an alternative sentencing program aimed at diverting individuals who committed first-time nonviolent felony offenses from the criminal justice system. The program is rated Ineffective. Results showed no statistically significant differences between the treatment group and comparison group on rearrests rates.

An Ineffective rating implies that implementing the program is unlikely to result in the intended outcome(s).

An Ineffective rating implies that implementing the program is unlikely to result in the intended outcome(s).

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.

Study

George and colleagues (2015) assessed the impact of the Cook County State’s Attorney’s Office Deferred Prosecution Program (DPP) in reducing rearrests rates over an 18-month follow-up period. The researchers used a mixed-methods approach involving qualitative and quantitative methods including a quasi-experimental design. The evaluation compared defendants who participated in DPP with nonparticipating defendants. The program aims to provide an alternative to prison for first-time nonviolent felons.

Participants in the treatment and control groups were sampled between February 2011 and December 2012. The treatment group (n = 695) was 60 percent male, 47 percent white and 34 percent African American, and had an average age of 26 years. The comparison group consisted of individuals who were eligible for DPP, but not referred. Comparison group participants were processed through court as usual. The comparison group (n = 991) was 66 percent male, 41 percent white and 40 percent African American, and had an average age of 27 years. There were no statistically significant differences between the treatment and comparison groups at baseline.

The program collected information from various databases to match treatment and comparison group participants. The study used administrative data provided by DPP. Additionally, case management data was provided and maintained by Treatment Alternatives for Safe Communities (TASC), pretrial services, and the Cook County Clerk of Court. Criminal history data was provided by the Illinois State Police database and accessed through the Illinois Criminal Justice Information Authority (ICJIA). The program looked at whether a defendant was rearrested after 18 months of DPP treatment or final disposition date. Outcomes were measured using two sets of analyses. A binary logistic regression model and a Cox proportional regression model were used to analyze the impact of DPP and standard adjudication on rearrests rates. No subgroup analyses were conducted.

These sources were used in the development of the program profile:

These sources were used in the development of the program profile:

Rempel, Michael, Melissa Labriola, Priscillia Hunt, Robert C. Davis, Warren A. Reich, and Samantha Cherney. 2018. “NIJ’s Multisite Evaluation of Prosecutor-Led Diversion Programs: Strategies, Impacts, and Cost-Effectiveness.” New York, N.Y.: Center for Court Innovation. (This study was reviewed but did not meet CrimeSolutions criteria for inclusion in the overall program rating.)