IL HB2878

Court must notify defendants during arraignment if they qualify for the Offender Initiative Program, a deferred prosecution program for first-time offenders charged with non-violent probationable felonies including theft, forgery, drug possession, and burglary.

Eligible defendants must have no prior felony convictions, probation, or conditional discharge and cannot have been charged with violent offenses, sexual crimes, domestic violence, DUI, firearm possession, or have prior juvenile delinquency adjudications for violent offenses.

Program requires minimum 12-month participation with conditions including: no criminal violations, no firearm possession, full restitution to victims, employment or 30 hours community service, and completion of educational courses toward high school diploma or G.E.D.

Court may impose additional conditions such as drug testing, psychiatric treatment, substance abuse rehabilitation, and for minors, residence with parents/foster care, school attendance, and youth program participation.

Upon successful completion, the State's Attorney must dismiss the case or the court must discharge and dismiss proceedings; defendants receive only one lifetime discharge and dismissal under this program.