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Attorney Kimberly Graham discusses her first year as Polk County's top prosecutor

"I might be the first woman Polk County Attorney, but I don't think I'll be the last," Graham told Local 5.

DES MOINES, Iowa — Over a year of Polk County Attorney Kimberly Graham's term has gone by as lead prosecutor. She replaced John Sarcone, who served for 32 years.

Since taking office, Graham has gotten some of her campaign priorities underway, worked with the county attorney's office to ensure a smooth transition and made history as the first female Polk County Attorney.

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"I think it means we're making progress, which is really great," Graham told Local 5. "I might be the first woman Polk County Attorney, but I don't think I'll be the last."

Graham said she believes there are other "super well-qualified women" at the attorney's office — made up of over 120 people — who may perhaps run for office in the future as well.

But for now, Graham has worked to improve racial disparities with programs like a Marijuana Diversion Program and License Reinstatement Program.

"We created the diversion program which allows people to earn a dismissal, they have to obtain a substance use evaluation, and provide proof of that to us and follow any recommendations, and then we're able to dismiss that charge, which kind of gives people a second chance," Graham explained.

The Polk County Attorney's Office told Local 5 that in less than a year, 285 people have successfully completed the Marijuana Diversion Program and had their charges dismissed.

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The program ultimately gives defendants the opportunity to get treatment they need, while still working to prevent illegal marijuana use, and "recognizing the negative impact of criminal convictions."

Other jurisdictions across the state have enacted similar diversion programs.

Graham and the attorney's office are also working on eliminating cash bail for many nonviolent offenders, but instead prioritizing violent offenses.

"If it's an isolated low-level nonviolent offense, we certainly don't want people sitting in the jail, both using Polk Co. resources, because it costs money to keep people in the jail, potentially losing housing, potentially losing their job. You know, if they're not able to be able to get back to work quickly," she said.

Graham added that the release on own recognizance works to overcome income disparities, saying it's not equitable for an offender who's "better off" financially to be able to bond out of the same offense compared to someone with less financials.

"We've been able to make a little bit of a difference there," Graham said.

Charges eligible for Release on Defendant’s Own Recognizance include:

  • Driving While Barred, Suspended, or Revoked
  • Theft 3rd, 4th, and 5th from retail location
  • Criminal Mischief 3rd and 4th (if relationship to victim is not dangerous)
  • Misdemeanor Forgery and Unauthorized Use of Credit Card
  • Misdemeanor Identity Theft
  • Malicious Prosecution
  • Prostitution
  • Possession of a Controlled Substance
  • OWI 1st with no accident or injury

With three years still left in her term, Graham still has a few more priorities on her mind she wants to get done in office.

One of those includes hiring a full-time social worker in the office. 

"A great social worker is what it takes to stay in touch with that person, and really kind of hold their hand, and make sure that they get what they need and follow up with them continuously, so that they can stay on a good path," she said

The Polk County Attorney's Office told Local 5 they currently have an intern social worker in office.

Lastly, in April, Graham said her office's restorative justice program will be underway, allowing lower-level nonviolent offenders the chance to earn a dismissal after participating in a victim offender dialogue, which provides the ultimate goal to work to help offenders avoid re-offense.

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