The plan, a year in the making, is similar to one in Kane County. It's largely defined by whom it isn't for: no one accused of violence or sex crimes, no druggies, no drunks, no gangbangers, no one already on probation. Although Bianchi didn't precisely say so, the program's not so much for criminals as for stupid people. Kids were mentioned a lot.
"There's a 35 year-old man waiting," said Bianchi. "He rented a car from Avis and then rented it to someone else to make money." The second renter had an accident leaving renter one on a felony hook. "He's a perfect candidate. He's never been in trouble," said Bianchi. "It was just a stupid mistake," he said shaking his head.
The First Offender Program isn't supposed to be a slap on the wrist, though. For one thing it costs $750 upfront just to get into it. Finishing it so Bianchi's Office will drop charges might involve making restitution, doing community service, getting counseling or some other thing a Community Board might think would do some good. Phil Hiscock, head of the SA's Criminal Division said 77 percent of those accepted into Kane County's program finish it, though.
That lightens the load on judges, he said. "The problem we're experiencing is an overload of cases," said Hiscock who reported a lot of the County's felony cases can drag on for up to two years. "The older a case becomes the more problematic it is (to get a conviction)," he said. Hiscock estimated there are between 2,000 and 3,000 felony cases backed up right now.
That's a big part of the reason there's a new Circuit Judge on November's ballot while the County tries to figure out where to put him (or her). "This isn't going to change that," said County Administrator Pete Austin. "It will have an effect on the judiciary to consider what sort of new courtroom it's going to be," he said.
The part of the program that might create controversy is the Community Board that decides how First Offenders are supposed to expiate their crimes. The Board will do whatever it does in secret, said Bianchi. "I'm sorry, you can't see that. It's not public." Their names will be secret, too, although, "I expect that to become known eventually," he said.
How were the first anonymous members chosen? "We asked for recommendations," said Bianchi. "From people we know."
In the pic: "We'll get calls from people," said State's Attorney Lou Bianchi explaining what McHenry County's new First Offenders is supposed to prevent. "They've gone on with their lives and now they need to bonded or they want to go back to school but they have a felony conviction on their record from when they were young." Criminal head Phil Hiscock is in the middle. Program Coordinator Sue Van Diggelen is right.
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