Poverty and Penalties - Lake County State's Attorney Candidate Questionnaire

Would you consider the adoption of policies that de-prioritize the prosecution of offenses like shoplifting and trespassing which are often associated with poverty and stigmatize people experiencing poverty as well as those experiencing mental health issues and substance use disorder?

COLE: AWAITING CANDIDATE'S RESPONSE

Would you consider the adoption of policies that de-prioritize the prosecution of offenses like shoplifting and trespassing which are often associated with poverty and stigmatize people experiencing poverty as well as those experiencing mental health issues and substance use disorder?

RINEHART: Yes. I have done this by establishing a Deflection Program for those experiencing mental health issues who also commit a property crime, drug crime, or trespassing. This program is called the Living Room Wellness Center and is supported by MacArthur Grant Funding. I have strongly supported (though we are not the funding agency) a second deflection program called “A Way Out” for those with SUD. A Way Out is staffed by the health department and allows those with SUD to receive treatment instead of prosecution or arrest. AWO is a great program but needs to be vastly expanded with respect to participating police agencies. We will never prosecute someone who is entering treatment through AWO, but more police agencies need to feed individuals into the referral process.

I have mandated Diversion for every first-time Retail Theft, and it is the office’s expectation in every first time Theft, Trespass, and Criminal Damage to Property. I have strongly encouraged diversion for first-time Disorderly Conducts, but DCs can be complicated in terms of the root cause of the behavior, and such cases may require monitoring of the individual through Court Supervision with conditions.  (Certainly, first-time Disorderly Conduct would never lead to incarceration or even a conviction.)

But many of my restorative justice programs have received push back from the judiciary and we need more support in Lake County in electing reform-minded judges.