Monday, April 05, 1999
Kenton to give felons a way out
No record possible for first-timers
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — Kenton Circuit Court is adding a new twist to an old practice, and some felons will benefit.
A new diversion program that could begin within the next four weeks will let some first-time offenders escape a criminal record by successful ly completing community service, anger-management courses, other forms of counseling or substance-abuse treatment.
Kenton Circuit Court judges have sentenced first-time, nonviolent offenders to counseling and community services but never with the agreement that the offenders' criminal record could be cleared.
“In essence, it's a form of probation, but the result will be that they do not have a criminal conviction or record,” Kenton Circuit Judge Doug Stephens said. “For the person who has truly made one isolated criminal mistake in his or her life, it affords that person to remain conviction-free.”
The state's most recent crime bill calls for all circuit courts to have a diversion program in place by next year. Campbell Circuit Court has one and Boone Circuit Court hopes to make its new effort official within the next month.
Judge Stephens' plan is now being considered by his colleagues, the commonwealth attorney's office and the county public defender's office.
He proposes that persons charged with a Class D felony — punishable for one to five years in prison — be eligible.
First-time, nonviolent offenders are expected to be the most likely candidates but those who haven't had a felony conviction in a decade also will be eligible.
If they are approved for the program, defendants will plead guilty and learn what they must do to wipe out their criminal record.
They also will be told what their sentence — and possible time in jail — will be if they do not complete the program successfully.
Judge Stephens would like to see the program under way within the next month. In the interim, he and some other judges have pushed back court dates for some likely candidates.
Included are Shirley McCausland, who allegedly wrote more than $5,000 in improper checks on the account of a social and political group, and Stacy Donovan, an exotic dancer who was charged with possession of a controlled substance after police found her and Dustin Flynt, nephew of Hustler publisher Larry Flynt, sleeping in a car in a hotel parking lot.
Anthony Bracke, of the commonwealth attorney's office, mainly handles felony drug cases. He said his office will be responsible for checking into a defendant's background and recommending offenders to the program.
He said the new effort will be ideal for minor, first-time drug offenders. If they successfully complete the program, they will not be “brand ed as a convicted felon for the rest of their lives,” he said.
Public defender Mary Rafizadeh supports the new effort, too.
“You want to have alternatives to either jail or nothing,” she said. A new diversion program “allows you to have discretion and discernment because what you really want is for people to get better.”
Judge Stephens' plan adheres to guidelines set by the Kentucky Supreme Court. It must be submitted for approval to the state high court by December.
These guys know the score
Baseball pitches to kids
Opening Day drivers will leave early to avoid gridlock
Report Card: 4 area districts in Ohio's top tier
Report card stakes high for Cincinnati
War worries congregation
Kidnapping, rape suspect surrenders
Know when to stop for a school bus
Parents struggle with decisions on kindergarten
Tory Koch's mom returns good will
Easter observers up early
Flashy antics dazzle young 'NSync fans
Stones keep rolling at Columbus show
Springer casting suggestions don't add up
Author probes city's German roots in book
Black Film Festival at CAM
City may shuffle codes
Connector could ease Florence Mall traffic
Kenton to give felons a way out
Lakota forums solicit opinions
Oak Hills High School sprouts new space
TRISTATE DIGEST
Warren Co. still luring new jobs
Warren seeks better court security
