GENERAL ADMINISTRATIVE ORDER: 11-03 - COOK COUNTY STATE’S ATTORNEY’S DEFERRED PROSECUTION PROGRAM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
GENERAL ADMINISTRATIVE ORDER: 2011-03
SUBJECT: COOK COUNTY STATE’S ATTORNEY’S DEFERRED PROSECUTION PROGRAM
On February 28, 2011, the Cook County State’s Attorney’s Office will implement the Deferred Prosecution Program in Cook County. In accordance with that and for the court to fully assist and participate in this program, it is hereby ordered:
In order to qualify for consideration for acceptance into the program, an individual must be charged with a felony offense by way of a complaint for preliminary examination that is pending in a preliminary hearing courtroom in any municipal district of Cook County and must be selected by the Cook County State’s Attorney’s Office as a candidate for the Deferred Prosecution Program. The candidate and the State’s Attorney’s Office shall execute in open court an agreement to participate in the State’s Attorney’s Deferred Prosecution Program. Before being executed, the agreement shall be made part of the court record filed with the clerk, and made part of the court file. The court shall then advise the candidate of his or her right to a preliminary hearing and explain it fully to the candidate. The candidate and the State’s Attorney’s Office shall execute a waiver of a preliminary examination which shall be filed by the clerk and made part of the court file.
After both the agreement and waiver of preliminary hearing are executed and made part of the court record and file, the case shall be transferred to Branch 9 which shall convene every Wednesday at 1:30 p.m. in Room 102 at 2600 South California Avenue, Chicago, Illinois. The case shall be scheduled for the Wednesday of the following week in Branch 9.
Upon appearance in Branch 9, the agreement and waiver of preliminary hearing shall be reaffirmed. The candidate will be screened by members of the Adult Probation Department’s Pre-trial Services Unit, the State’s Attorney’s Office and TASC. The case shall be continued to a 90 day status date in Branch 9 so as to monitor the progress of the candidate.
If the candidate breaches the agreement and fails to comply with the conditions of same, the state shall motion the case up to advise the court. At that time, the court shall transfer the case to the presiding judge of the Criminal Division for a date 21 days hence based upon the waiver of preliminary examination executed previously. If the candidate successfully complies with all of the conditions of the agreement, the State’s Attorney’s Office shall motion the case up in Branch 9. The court shall be advised in the premises and the state shall nolle prosequi all charges against the candidate.
Dated this 17th day of February, 2011. This Order shall be spread upon the records of this Court and published.
Timothy C. Evans
Circuit Court of Cook County