9-22.000
PRETRIAL
DIVERSION PROGRAM
9-22.010 Introduction
9-22.100 Eligibility Criteria
9-22.200 Pretrial Diversion
Procedures
Pretrial diversion (PTD) is an alternative to prosecution
which seeks
to divert certain offenders from traditional criminal justice
processing into a
program of supervision and services administered by the U.S.
Probation Service.
In the majority of cases, offenders are diverted at the pre-charge
stage.
Participants who successfully complete the program will not be
charged or, if
charged, will have the charges against them dismissed; unsuccessful
participants
are returned for prosecution.
The major objectives of pretrial diversion are:
- To prevent future criminal activity among certain offenders
by diverting
them from traditional processing into community supervision and
services.
- To save prosecutive and judicial resources for concentration on
major cases.
- To provide, where appropriate, a vehicle for restitution to
communities and
victims of crime.
- The period of supervision is not to exceed 18 months, but may
be
reduced.
The U.S. Attorney, in his/her discretion, may divert any
individual
against whom a prosecutable case exists and who is not:
- Accused of an offense which, under existing Department
guidelines,
should be diverted to the State for prosecution;
- A person with two or more prior felony convictions;
- An addict;
- A public official or former public official accused of an
offense arising
out of an alleged violation of a public trust; or
- Accused of an offense related to national security or foreign
affairs.
For the procedures to be followed for pretrial diversion
agreements,
see the Criminal Resource Manual at
712.