Cook County State’s Attorney Eileen Burke Expands Deferred Prosecution to Misdemeanor Cases

New Misdemeanor Deferred Prosecution Program broadens access to Restorative Justice Community Courts and community-based services.

CHICAGO – For the first time, the Cook County State’s Attorney’s Office (CCSAO) will refer low-level, nonviolent misdemeanor cases to Restorative Justice Community Courts (RJCCs) and other deferred prosecution programs. The expansion will connect eligible individuals who don’t pose a public safety risk with community resources and support as they work toward resolving their case. The initiative aims to address underlying factors that contribute to criminal behavior while promoting accountability and reducing the prevalence of repeat offenders.  

“By addressing challenges such a substance abuse or mental health, we can make it less likely that these individuals will commit more crimes,” said SA Burke. “When appropriate, we can hold people accountable while also giving them a real opportunity to avoid future involvement in the criminal justice system.” 

The CCSAO’s Misdemeanor Deferred Prosecution Program (MDPP) takes effect today. The program, developed by the CCSAO’s policy team, in consultation with the Office’s alternative prosecutions and misdemeanor teams, is designed to reduce recidivism, break cycles of criminal activity and increase referrals to places that are within the community. 

Qualifying defendants who successfully complete the MDPP program can have their case dismissed and avoid a misdemeanor conviction. The CCSAO will only refer defendants to the program with explicit consent from the victim in the case. 

Eligible misdemeanor offenses for MDPP include criminal trespass, theft, reckless conduct, possession of cannabis, possession of drug paraphernalia, and resisting/obstructing law enforcement. Possession of ammunition and possession of a firearm/expired FOID may be referred to the RJCCs, contingent upon a defendant meeting the age, geographic and program eligibility requirements.  

If the defendant and their defense counsel accept placement in MDPP, the case will be directed to one of three existing diversion court tracks based on the defendant's background and service needs. These are:  

• Veterans Track for individuals eligible for services through Jesse Brown VA 
• Behavioral Health/Substance Use Disorder/Housing Track for individuals who may benefit from community-based treatment or stabilization services 
• Restorative Justice Community Court (RJCC) Track for individuals aged 18-26 who reside in one of the RJCC areas: North Lawndale, Englewood, Avondale, or Sauk Village 

All participants in MDPP, regardless of track, are required to complete an assessment and comply with all recommended services and program conditions. This may include participation in substance use treatment, mental health services, housing support, or other community-based programming, depending on individual needs.

Beyond misdemeanors, the CCSAO has a long history of providing alternative prosecution pathways to individuals in certain felony cases. The inclusion of misdemeanors into diversion programs and the RJCCs marks the CCSAO’s commitment to reducing reliance on traditional prosecution for low-level nonviolent offenses when appropriate.  

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