Intervention in Lieu of Conviction (ILC) was created to give certain offenders an opportunity to receive court-supervised treatment instead of a conviction and sentence. However, only certain types of offenders are eligible for this program.
Who is Eligible for Intervention in Lieu of Conviction?
Offenders who are eligible for this program are those who:
- Are addicted to drugs or alcohol;
- Suffer from a diagnosed mental illness;
- Have an intellectual disability; or
- Are victims or human trafficking.
In addition to meeting one of the above requirements, the offender’s criminal record is of importance. Offenders with a prior violent felony conviction are not eligible for Intervention in Lieu of Conviction. However, a prior felony does not preclude an offender from being eligible for the program, provided the prosecutor agrees. Finally, offenders who have participated in the program before are not eligible for Intervention in Lieu of Conviction, even if the offender participated in a different court or jurisdiction.
What Criminal Charges are Eligible?
Intervention in Lieu of Conviction is only available for certain types of misdemeanor or felony criminal offenses, such as theft, forgery and certain drug offenses. Offenders are not eligible if they are charged with a:
- 1st, 2nd or 3rd degree felony;
- Crime of violence or specific felony drug offenses (such as illegal manufacture of drugs and corrupting another with drugs);
- Crime subject to mandatory prison or jail time; or
- Crime against the elderly, children under the age of 13, or peace officers in the course of their employment.
Intervention in Lieu of Conviction Process
Offenders interested in this program and who are eligible must undergo an assessment with an addiction services provider, psychiatrist, social worker or other professional as ordered by the court. A report is provided to the court and includes a recommendation as to a treatment plan.
The court then holds a hearing, where the offender pleads guilty to the offense charged, waives his or her constitutional rights to a trial, and enters the program without being found guilty. The court will “stay” the court proceedings and order the offender to comply with treatment and probationary terms.
Completing the program requires the offender to not consume alcohol or drugs for 12 months, participate in treatment services, submit to random drug and alcohol tests, in addition to any other terms the court orders, such as educational programs, financial restitution to any victim, in-court reviews, and counseling. If the offender completes all requirements, the court will dismiss the charges. However, if the offender fails to complete the program, the court will find the offender guilty and sentence the offender.
Columbus and Delaware, Ohio Criminal Defense Lawyer
If you have been charged with a criminal offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your criminal offense case.