KANE EXPANDS '2ND CHANCE' NON-VIOLENT OFFENDER PROGRAM

More first time, non-violent offenders could be eligible for Kane
County's "second chance" program under an expansion announced Tuesday.

With the start of the county's fiscal year Dec. 1, two more full-time
attorneys were assigned to the popular court diversion program and
three misdemeanors, involving lesser drug and alcohol offenses, were
added to the list of crimes qualifying defendants can keep off their
permanent record, said county State's Atty. John Barsanti.

Barsanti said his office began accepting "second chance" applications
Dec. 1 for the first time from those charged with misdemeanor
possession or consumption of alcohol, marijuana and drug paraphernalia.

"I'm always looking for alternative ways to divert people out of the
court system," said Barsanti, who added that more than 300 "second
chance" cases were opened between Dec.1, 2004, and Nov. 30. Fewer
than 50 cases were terminated in the period because conditions were
not met. Those cases were returned to court for prosecution, he said.

"The more cases we can move out of the courtroom ... the better off
we are," said Barsanti, who estimated the number of second-chance
cases in Kane could nearly double next year because of the expansion.

Although most first-time, non-violent offenders can seek court
supervision for their crimes, the benefit of the second-chance
program is "the ability to clear the arrest record immediately
following completion of the program," Barsanti said.

"With court supervision, there is a mandatory two-year waiting period
at the end of the supervision term before the petition to expunge
[the record] can be filed," he said.

Before, any drug-or alcohol-related charge would have disqualified a
person from being eligible for a second chance, and the program
focused generally on offenders accused of property crimes, such as
theft and vandalism.

Barsanti said eligibility for the program would continue to be denied
to anyone with prior juvenile or adult convictions or who is an
active gang member; is on probation; is charged with a violent,
domestic or sex-related crime; or with using a weapon or committing
an offense while out on bond.

The requirements for successfully completing the program also remain
the same. They include an admission of guilt, community service,
counseling, a letter of apology to any victims, restitution and
payment of program fees, he said.

Charges for the program are based on an offender's ability to pay but
typically are a few hundred dollars, according to Barsanti.

In the more than 10 years since the self-supporting program was
instituted, more than $1 million in restitution has been collected on
behalf of victims and about $600,000 in fees have been collected from
participants, he said.