New Program Offers Some Offenders a Second Chance

Some folks in McCracken County who have gotten themselves into legal trouble are being offered a chance to wipe the slate clean.



McCracken County Attorney Sam Clymer recently implemented a misdemeanor diversion program that gives some non-violent offenders an opportunity to have their charges dismissed if they complete a 6-12 month process which may involve random drug screenings, anger management, parenting classes, paying restitution, attending meetings or other requirements. Clymer says the purpose of the new program is to offer a second chance to people who have made a mistake, so they don't have to pay for it for the rest of their lives.



"I wanted to have another prosecutorial tool at our disposal to take care of these types of cases that can be difficult," Clymer said. "You have an individual, and they may have a good history, but they've made a stupid mistake and they've gotten caught. Rather than having a criminal conviction follow somebody throughout the rest of their future, and close doors for them that may otherwise be open, we give them the opportunity to work the diversion."



Clymer says only non-violent, first time misdemeanor offenders will qualify for the program, and defendants are required to plead guilty to the offense prior to being enrolled. If a person completes the program and does everything required of them, the charges are dismissed, and they can have their record expunged. Defendants charged with violent crimes, such as domestic violence or assault are not eligible for diversion. DUI offenders are also ineligible.



"A DUI is such a dangerous offense, and it poses such a high risk to the community that (diversion) is just not proper. That's just not gonna happen." Clymer said.



Although the requirements are pretty rigid, Clymer says each case is looked at individually to determine if diversion is a good fit. 



"A lot of people are under the misconception that it is kind of a one size fits all type of thing, but everything we deal with is based on two things: the facts of the alleged offense, and the history of the alleged perpetrator. That's true even with diversion. We look at all facts and circumstances to make the decision." Clymer said.



Clymer stresses that the purpose of the diversion program is to help people through education, not incarceration. He says those who take the program seriously and follow instructions will be offered a second chance, but those who slip up will likely find themselves back in front of a judge for sentencing.



"We have a pretty fluid system going here, and it's working great," Clymer said. "We may have had one or two scenarios where somebody is on diversion, and they've had a little bit of a slip up. When that happens, then the person goes back into district court. The beauty of the diversion program is you're gonna get the charge dismissed if you work it, and you do things right and you learn. But, before you're able to participate in the program you have to plead guilty to the offense. If there's a problem with the diversion, if they don't do what they're supposed to, we bring them back into court."



The program has only been in place since March, but Clymer says he is optimistic about the future. Although he says he would like to see more people taking advantage of diversion, in his opinion it's worth the time and effort even if one person ends up being helped. 



"This is a twelve month diversion program, so none of them have completed the program just yet. People have asked me what I think about the success of the program. I'm really proud of what everyone is doing so far," Clymer said. "The way I look at it is, this program took me sitting down, writing the rules and getting the rules approved. It's not really that big of a deal. So, if that small amount of work on my part is able to help one person, then that's great. That equals success. At this point, we have 37 people that are participating, so I look at that as success to the 37th power."