Program Coordinator (815) 334-4159

 The Domestic Violence Deferred Prosecution Program (DVDPP) is designed for less serious or “situational” offenders, i.e., those offenders with limited prior arrests who have engaged in mutual, low-level violence as means of conflict management. 

The defendant must complete an intake interview with the program coordinator, meet with and be approved by a panel experienced in the field of domestic violence, and if accepted, complete a course of treatment as determined by the panel and any other requirements. Treatment may include substance abuse, psychological, marital, or conflict-management counseling. 

Other requirements may include completing community service hours, obtaining a high school diploma or G.E.D, completing counseling, working to obtain employment, paying restitution and paying fees to the Deferred Prosecution Program.  

Upon successful completion of the DVDPP, the State’s Attorney’s Office agrees to dismiss the pending charge(s) against the defendant. If the defendant fails to successfully complete the DVDPP or is discharged, as exclusively determined by the panel, the defendant will be terminated from the program and the case will be returned to court for prosecution.  

REFERRAL

A referral needs to be made by the Judge, State’s Attorney, Public Defender, or private attorney within ninety (90) days of the first court date. Once referred, the defendant needs to report to the State’s Attorney’s Office.   

INTAKE & FEE

The coordinator will contact the defendant to arrange an intake interview.  At the interview, the coordinator will explain the program and all of the necessary forms to the defendant. A program fee must be paid once admittance to the program has occurred. The fee for cases is $500 ($250 for public defender). Restitution payments will also be required, if applicable, on your acceptance date. At the discretion of the State’s Attorney’s Office, fees may be reduced upon a showing of indigence by the defendant.

PRESENTATION TO CITIZEN PANEL

At the conclusion of the intake interview, the coordinator will schedule a date for the defendant to appear before the DVDPP Panel.  The Panel will review the application, evaluations, police reports, and other relevant materials as well as meet with the defendant.  The panel will make their recommendations and the file will be reviewed by an Assistant State’s Attorney.

IF CASE IS ACCEPTED

If the defendant is accepted into the DVDPP, he or she will sign an agreement on his or her next court date.  After acceptance, the defendant will be required to provide a written statement describing the offense and admitting to the elements of the offense.  

The Defendant will be required to appear before the DVDPP Panel as determined by its members.  At these appearances, the DVDPP Panel monitor the Defendant’s progress with treatment and other requirements, offer feedback and advice, and receive input from the Defendant.   

If the defendant is not accepted into the Deferred Prosecution Program, he or she will be notified by the coordinator.  There are no appeal hearings for rejection.  

Upon successful completion of all the requirements, the case will be dismissed.  

UNSATISFACTORY TERMINATION

The Defendant may be discharged from the program at any time by the Panel or the State’s Attorney’s Office if his/her participation is deemed unsatisfactory. Reasons for unsatisfactory discharge may include, but are not limited to, the defendant having been charged with a new offense or the defendant not complying with the Panel’s treatment plan or other requirements. 

Domestic Violence Deferred Prosecution Program Guidelines:

Admission to the Program is at the sole discretion of the State’s Attorney, however, an applicant is generally not eligible for the Deferred Prosecution Program if any of the following apply: 

1. The defendant is not assessed at low risk after a domestic violence evaluation.

2. The offense is a felony,

3. The defendant has seven (7) or more prior arrests.

4. The defendant has previously been arrested for domestic violence.

5. The defendant has been clinically assessed as having a dangerous psychological profile such as anti-social personality disorder.

6. The defendant has perpetrated violence that has caused serious injury or that goes beyond “low-level.”

7. Those not accused of battering an intimate partner. 

8. Circumstances exist that, in the discretion of the State’s Attorney, render the defendant’s case a poor fit for the Program.

Domestic Violence Deferred Prosecution Program Application