Pretrial Diversion Program
What is Diversion?
Pretrial Prosecutor Diversion is a voluntary option that provides alternative handling of criminal charges. The charges can be dismissed and expunged if the program is successfully completed. The purpose of the program is to enforce justice and enhance public safety by addressing the root cause of the behavior that resulted in charges being filed. This program can reduce the stigma associated with having a criminal conviction, restore victims, and conserve court and criminal justice resources.
What is a Diversion Intervention Plan?
Once assessed for risk and needs, individuals who enter the Diversion program will develop an intervention plan with their Case Manager. This will consist of programs and services which will address the problems that caused them to enter the criminal justice system. In house and partner agency services my be utilized. Case managers work with the agencies to monitor treatment progress.
What Fees are required?
The fees associated with diversion are outlined in the diversion agreement. Fees are paid to the Clerk's office in the Courthouse. Payments may be made toward fees but all fees must be paid in full before the term of the diversion is over in order to complete the agreement. If all fees are not paid the Court will hold a hearing on the case.
What happens when the Diversion is completed?
If the conditions of the intervention plan are completed without any new criminal arrest and all fees are current, a notice will be sent to the Prosecutor's Office and the case will be dismissed. The criminal record will be sealed or expunged.
The individual can withdraw from the Diversion Program at any time prior to the completion and choose to have the case return to the court system.
Termination from the program may be recommended by the Case Manager when an individual does not comply with the intervention plan. Some other reasons for termination include:
Commission of a new offense. Failure to attend programming, appointments, or treatment. Arriving for appointments under the influence of drugs or alcohol. Violating the terms of the diversion agreement. Willful non-payment of fees.
In these cases a notice will be filed with the Prosecutor's office and they will file to return the case to court. The individual will have the opportunity to challenge the decision in a hearing with an attorney present.