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Pretrial Diversion Program

Restorative justice
Description
http://www.dekalbda.org/pretrial_diversion_program/index.php
How long has the program been operating?
2-4 years
If applicable, what approach, method, or goal best describes the diversion program?
Restorative justice
Other

"Pretrial Diversion can address substance use, other mental health needs, or low-level criminogenic thinking with those who are low risk and low needs."

At what stage of the process does the diversion program occur?
After referral to the prosecutor, but before the case is filed/charged
After the case is filed/charged, but before the defendant enters a plea

How are participants identified for the diversion program?
Referral from intake staff to diversion staff

Are there any factors specific to your jurisdiction that influence how you structure this diversion program?
Diversion program authorized/mandated by state law

"Our authorizing statute prohibits use of pretrial diversion for charged offenses requiring any in-custody time, but our office asserts its prosecutorial discretion prior to the indictment/accusation of an offense, if warranted."

Does your office have informal or written policies about this diversion program's criteria/eligibility?
Yes
If applicable, please describe the diversion program's criteria/eligibility.
"II. PROGRAM ELIGIBILITY Pursuant to O.C.G.A. §15-18-80the District Attorney's Office determines which persons are eligible to participate in the PTD Program in accordance with the criteria below. A. PARTICIPANT ELIGIBLITY - In order to be considered for PTDa participant must meet the following minimum criteria: 1. Has been arrested on a felony warrant in DeKalb County2. Faces an eligible pending offense in the District Attorney’s Office3. Possesses little to no criminal history4. Is without prior felony convictionsand 5. Has no prior participation in any pretrial diversion program in this or any other jurisdiction. B. VICTIM NOTIFICATION AND RESTITUTION– In accordance with the Victim’s Bill of Rightsvictims shall receive notification of the intent to refer any case to pretrial diversion prior to any offer being extended to the Defendant. The District Attorney’s Office shall offer the victim the opportunity to express the victim’s opinion on the disposition of an accused’s caseincluding the views of the victim regarding participation in pretrial or post-conviction programs. O.C.G.A. §17-17-11. Appropriate restitution shall be a part of all Pretrial Diversion Agreements. A participant’s objective ability to pay restitution within the time period of PTD should be considered prior to any offer to participate in PTD. Specific participant’s subjective ability to pay is not an eligibility factorbut may prevent a participant from accepting PTD treatment. C. OFFENSES THAT ARE ELIGIBLE INCLUDE BUT ARE NOT LIMITED TO: 16-7-23 Criminal Damage to Property 16-7-24 Interference with Government Property 16-9-2…9 Theft by TakingTheft by DeceptionTheft of ServiceTheft of Mislaid PropertyTheft by Receiving Stolen Property (excluding firearms or vehicles) 16-8-40 Robbery by Sudden Snatching – must have prior approval of DA or Chief Assistant 16-8-14 Theft by Shoplifting 16-8-15 Conversion of Payments for Real Property Improvements 16-8-21 Removal/Abandonment of Shopping Carts 16-8-62 Reproduction…of Recorded Materials 16-9-1 Forgery 16-9-20 Deposit Account Fraud 16-9-31 Financial Transaction Card Theft 16-9-31 Financial Transaction Card Fraud 16-9-35 Criminal Receipt of Goods Fraudulently Obtained 16-9-37 Unauthorized Use of Financial Transaction Card 16-9-70 Criminal Use of an Article with Altered ID Mark (excluding firearms or vehicles) 16-9-93.1 Misleading use of Individual Name/Trade Name/Trademark 16-10-20 False Statements (excluding false statements related to felony cases) 16-13-30 Drug possession cases – where participant does not meet admission criteria for Drug Court after clinical evaluation prepared by licensed clinician indicates no addiction/dependence. (Not in lieu of Drug Courtwhere appropriate.) All cases are subject to approval by the District Attorney or her designeewhether or not included on the above list."
What are the programmatic options and/or requirements for the diversion?
Attend behavioral health intervention
Pay restitution
Pay fines or fees
Complete community service

"Administrative fees are subject to waiver/partial waiver for indigency. Currently, all fees are waived due to the economic hardship COVID19 has placed on our target population."

How long does the diversion program usually last on average for someone who completes successfully?
Less than 30 days

How does the diversion program impact your office's resources?
Programmatic costs are covered by prosecutor’s office

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