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Kane County State's Attorney's Office Joseph H. McMahon - State's Attorney; State's Attorney's Office - Kane County Kane County State's Attorney's Office
37W777 Route 38, Suite 300
St. Charles, IL 60175
(630) 232-3500

Felony Drug

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Available to offenders who are charged with first-time offenses of a Class 4 Unlawful Possession of a Controlled Substance, up to 5 grams, and Class 4 Unlawful Possession of Cannabis, up to 100 grams. This one-year treatment-based program gives offenders the opportunity to avoid prison and a permanent conviction on their record, and learn to live drug-free and more productive lives, as well as reducing the likelihood that that they re-offend or become perpetual offenders. Upon successful completion of all program requirements the State's Attorney's Office will agree to dismiss the pending charges.

Application process
Offenders who meet the eligibility requirements may apply to the program within 90 days of arrest. The offender must contact the State's Attorney's Office to schedule an intake interview with the case manager. The arresting police department will be consulted prior to the application approval. The state's attorney then has the sole discretion to approve or reject the applicant.

An applicant is ineligible if:

  • Has prior arrests or convictions for unlawful possession of a controlled substance or unlawful possession of cannabis (with the exception of one prior successful completion of supervision for misdemeanor possession of cannabis, alcohol or drug paraphernalia.)
  • Previously participated in Treatment Alternative Specialty Court (TASC)
  • Is active gang member
  • Registered sex offender
  • On Mandatory Supervised Release (parole) or probation
  • Committed the offense while on bond

Program requirements
Offender must enter a formal agreement with the state's attorney, make videotaped statement admitting to the elements of the case and his or her involvement in it, complete a substance abuse education program, submit to random drug testing and pay program costs of $2,100.

Completion or termination
Upon successful completion of all requirements, the case will be dismissed at the final court date. If terms are not followed or if a new offense is committed, the offender is terminated from the program and the case is returned to court for prosecution.