Topic:
First Offender Probation
(Raoul, D-Chicago) creates a First Offender Probation program for a limited number of felonies for defendants who have no prior felony convictions. It allows a defendant to be sentenced to intensive probation but defers judgment so that if the defendant completes it successfully, there is no felony conviction on the defendant’s record. Although modeled after the first offender programs in TASC and other drug offenses, Senate Bill 3349 is different in that it vests control in the prosecutor. Unlike the other statutes, Senate Bill 3349 requires consent of the prosecutor before the judge can sentence a statutorily qualified defendant to it. Passed out Senate Judiciary Committee on a 6-0 vote. An identical bill is House Bill 5499 (du Buclet, D-Chicago).