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Pretrial Diversion

What is pretrial diversion?

 

The pretrial diversion program is a tool utilized by the U.S. attorney in deferring prosecution of individuals who appear to have been involved in prosecutable offenses. The pretrial services office receives referrals, collects and verifies information and prepares a report under an agreement with the U.S. attorney for the district. The Chief Pretrial Services Officer is authorized under Title 18 USC 3154(10) to enter into a pretrial diversion agreement with the U.S. attorney for the district.

 

Who is referred for the diversion program?

 

  • Individuals who are not:Accused of an offense which, under existing department guidelines, should be referred to the state for prosecution; A person with two or more felony convictions; (the one acceptable prior felony convictions must be a non-drug, non-violent offense and must have "special exception" of the U.S. Attorney’s Office); An addict;
  • A public official or former public official accused of an offense arising out of an alleged violation of public trust.

 

How am I enrolled in the program?

 

Enrollment in the program occurs after a Pretrial Diversion investigation is completed by the Pretrial Services office. If the investigation reveals the individual is in compliance with the guidelines for referrals to the diversion program, the individual will be contacted to schedule an appointment to sign the diversion agreement. The pretrial diversion agreement is a contract between the government and the individual which states the condition of the diversion program for that individual.

 

What is the term of supervision?

 

 

The term of supervision in the diversion program commences the day the diversion agreement is signed and continues for a period of twelve months but not to exceed eighteen months. At the conclusion of that twelve month period, the supervising officer will evaluate the subject’s success in the program. If restitution is still outstanding or other matters are still unresolved, the subject will be extended an additional six months in the program for a total of eighteen months of supervision.

 

What is a monthly reporting form?

 

Upon an individual’s enrollment in the diversion program, they will receive instructions on how to complete and mail in a monthly reporting form which reports the subject’s current address, current employment, and other relevant information.

 

What is restitution?

 

Restitution may be collected from an individual based on the nature of their original offense. If restitution is to be collected, money should be submitted to the Pretrial Services Office via money order or cashier’s check, payable to the victim. No cash or personal checks are accepted as payment.

 

What is termination from the diversion program contingent upon?

 

Termination from the diversion program is contingent upon a subject repaying any and all restitution to the victim owed if restitution was ordered. It is also contingent upon the subject remaining in full compliance throughout the twelve month period of supervision which includes contacting the supervising officer as directed and submitting monthly reporting forms as instructed.

 

Who gets fingerprinted?

  

All pretrial diversion candidates are fingerprinted upon their enrollment into the program.

 



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