A new program jointly developed by the U.S. attorney's office, the U.S. probation office and the federal public defender's office is designed to give some minor drug offenders an opportunity to resolve their federal charges without a conviction.
The goals of the Post-Plea Deferral Program are "to promote community safety, break the cycle of drug addiction-induced crime and increase the likelihood of successful rehabilitation of drug offenders," U.S. Attorney Chris Thyer announced Friday.
Thyer said program officials hope to achieve those goals "by implementing a blend of treatment, supervision, appropriate sanctions and incentives."
A man who pleaded guilty Monday to a charge of obtaining a Schedule II controlled substance by fraudulent prescription is the first person to be accepted into the Eastern District of Arkansas' program.
The charge carries a sentence of up to four years in prison, but because Jeremy Johnson was participating in the program, U.S. District Judge James Moody Jr. deferred acceptance of Johnson's guilty plea for 18 months. During that time, Johnson must abide by the program's conditions and requirements. If he successfully completes the program, the U.S. attorney's office will dismiss the charge.
"My office is pleased to participate in this rehabilitative alternative to felony conviction, designed for those who deserve a break," Thyer said in a news release. "The PPDP program is limited in scope, providing individuals with no prior criminal history, or very minor criminal history, whose criminal conduct was motivated primarily by drug addiction, to accept their criminal conduct and prove their rehabilitation over a period of months."
Thyer added that upon successful completion of the program, "the individual will have the opportunity to move forward leading a drug-free life without having received a felony record."
"I think it's wonderful that our district has implemented this program, and the federal defender's office very much looks forward to participating in it," Federal Public Defender Jenniffer Horan said.
Eddie Towe, chief U.S. probation and pretrial services officer, said the chance to avoid jail and a federal conviction will be a powerful incentive for addicts to participate in the program. He said a "collaborative approach" will be used to address violations "while also providing encouragement and guidance."
Under the program, guilty pleas for participants will be deferred by the court for 12 to 18 months, during which time the defendants will be supervised by the probation office and provided an opportunity to participate in drug treatment and services. Upon successful completion of the rehabilitation period, the court will decline to accept the defendant's guilty plea, and federal prosecutors will dismiss the charge or charges.
Dismissal of felony charges "must be earned by the defendant through showing genuine rehabilitation from drug addiction and positive contribution to the community" through employment and education, Thyer said.
Metro on 06/11/2016