DPS warns vs prosecution program
Public Safety Commissioner Charles W. Ingram has warned legislators that a proposed measure seeking to establish an adult deferred prosecution program may become a safe haven for those criminally inclined.
In a letter to Rep. Dino M. Jones, Chair of the House Committee on Judiciary, Government Operations and Natural Resources, the DPS Commissioner said HB 12-256 may be used as a refuge by repeat offenders who were not prosecuted for some technical reasons but are known in the system to be recidivists.
While the proposed Commonwealth Adult Deferred Prosecution Act may help decrease the prison population through diversion programs, Mr. Ingram said it must be done earnestly with judicial considerations.
“Although the intent of the bill is good, its ramifications require greater analytical discourse which in effect is illustrated by the inputs from various agencies, both governmental and non-profit, providing social services especially for victims of crimes,” he added.
With the cooperation of the Board of Parole, the program will be administered by the Office of the Attorney General. A person participating in the program shall be required to pay restitution to the victim in an amount determined by the Attorney General and perform not less than 40 hours of community service.
Mr. Ingram said the program’s benefits may be reaped by offering it as post adjudication (i.e. “no contest” please or plea bargaining agreements) incentives wherein the perpetrators acknowledge their commission or omission and subsequent integration, or community-based programs are instituted or mandated so that justice is withheld for both victims and the community.
On the other hand, the measure would degrade the tracking of those with criminal records and in effect expunges such records without proper judicial intervention, he added.
Mr. Ingram recommended that people charged with felonies or family violence and possessing previous convictions to these crimes should not be allowed to avail of the program.
According to the DPS head, the legislature should seriously consider providing such services to perpetrators saying it should be seriously weighed against those that are already provided to victims of crimes. (LFR)
