The Fairfax County prosecutor’s office is launching a program that will allow some people charged with nonviolent offenses to have their cases dismissed if they complete treatment or other programs to address problems that led to their involvement in the justice system.
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The office of Commonwealth’s Attorney Steve Descano will work with advocates, defense lawyers and law enforcement officials to recommend defendants for the Taking Root program. It will initially have 35 spots.
“The focus of Taking Root will be to address a subset of cases where the individual has underlying issues that are the root cause of the behavior that led to criminal involvement,” Descano said.
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The services will include case management, mental health assessments, referrals and compliance monitoring, substance abuse assessment referrals and compliance monitoring, vocation and education referrals, job skill training referrals, affordable housing and more.
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Candidates will undergo an initial assessment and work out a plan, which will be presented to the court at the next hearing date. If the court accepts the plan and orders a deferred disposition, a restorative-justice program called Opportunities Alternatives Resolutions will implement it and monitor the defendant.
If the program is completed successfully, the prosecutor’s office can ask the court to dismiss the charges and have the defendant’s record expunged. People who have committed violent offenses or sex crimes are barred from the program.
The program is being paid for by a grant from the Vera Institute for Justice.