Kane County "Diversion Program" for domestic battery offenders

Frequently, following an arrest for domestic battery, the two sides make up.  On the next court date, the complainant shows up in court and announces that she wants to drop the charges, and the case is dismissed.  Sometimes, the complainant fails to appear on the trial date, which can result in the same outcome:  a dismissal of the charges.  A societal problem, however, arises when the complainant, who is a victim of repeated domestic abuse, only drops the charges because she depends on the defendant economically, or perhaps for child care purposes.  She reluctantly drops the charges so her spouse or boyfriend can be released, although in reality, she fears further abuse by the Defendant.

Not all domestic battery cases involve constant abuse.  There are many cases involving isolated incidents, not long patterns of abuse.  And there are certainly times when complainants are lying about being battered.

Barsanti's "new" plan, according to a recent article, allows the Defendant to plead guilty to the charges, but have the charges later dismissed after completing certain obligations, such as domestic battery counseling.

A true diversion program, however, works because the Defendant does not have to plead guilty, or admit in open court that he committed the crime.  Cook County has diversion programs, such as drug school where no guilty plea is required in order to participate in the diversion program.

Also, Cook County accomplishes the same goal that Barsanti has by, in a few, select cases, reducing a charge of Domestic Battery to a simple battery.  The reason is that Illinois law does not allow a sentence of court supervision (not a conviction) for domestic battery.  You can get supervision, however, on a simple battery.  Therefore, if you get supervision and follow the rules, you can, eventually expunge that incident from your record.  Time will tell how the Kane County program works.