Illinois considers probation for first-time gun offenders amid Chicago crime wave

JB Pritzker
Illinois considers probation for first-time gun offenders amid Chicago crime wave
JB Pritzker
Illinois considers probation for first-time gun offenders amid Chicago crime wave
Virus Outbreak Illinois
Illinois Gov. JB Pritzker addresses the media during a press briefing at the State Emergency Operations Center in Springfield, Ill., Monday, March 16, 2020. The state announced 12 new cases of coronavirus disease (COVID-19) across Illinois Monday. [Ted Schurter/The State Journal-Register]

Gov. J.B. Pritzker
(D-IL) could sign legislation this week that would expand a program that offers probation and rehabilitation to first-time offenders charged with illegally possessing
a gun
.

The law would expand on a pilot program that allowed judges to put
first-time offenders
between 18 and 20 years old on a special probation that, if completed, would scrub the weapons charge from their record.

The First Time Weapon Offender Program was passed by the Democratic-controlled general assembly six years ago as a five-year experiment. During the last legislative session, lawmakers extended the program by one year. The new legislation removes the age limit, shortens the probationary period, and allows the program to continue indefinitely.


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A person can qualify for the program if they don’t have a previous conviction and the weapon they were charged with possessing wasn’t used in a violent crime. Eligible candidates must also not have any orders of protection against them.

This year’s measure, passed by the Democratic supermajority, was attractive to some Republican lawmakers because it grants reprieve to some residents who could face stiff punishments under the state’s strict gun laws, which include a ban on high-powered weapons.

“It’s one thing to have someone who’s 18 years old being caught with a firearm versus somebody who’s 55 or 60 years old, and so it just gives the judge and the prosecutor that discretion to figure out what program works best for them,” freshman Democratic state Rep. Kevin Olickal of Skokie, the main House sponsor of the legislation, told the Chicago Tribune.

The program’s purpose is to prove that rehab is more effective in reducing gun violence than a prison sentence. It provides participants with education and vocational training and requires that they meet with probation officers regularly. To get the charges dropped, they must obtain a high school diploma, a GED, or finish a vocational training program. They must also clock 50 hours of community service and seek counseling. If they are caught using drugs or breaking any laws, they are kicked out.

Supporters say the program is a better alternative to jail, but critics claim it’s not enough to turn the tide of gun violence that has hammered parts of Illinois, including Chicago. To make meaningful change, they argue, communities must be given additional resources to combat gun violence.

The Trace spoke to a participant named John, who completed the program in March 2022. He was able to get his high school diploma and began taking carpentry classes.


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“When I was young, I kind of felt that I wasn’t going to do nothing, and I probably was going to be in the streets,” he said, adding that after he got arrested and joined the program, his thinking started to change.

“I wanted more for myself. It was pushing me to do better,” he said.

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