9-22.010
Introduction
|
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.
9-22.100
Eligibility Criteria
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.
[cited in
Criminal Resource Manual 712]
9-22.200
Pretrial Diversion Procedures
|
For the procedures to be followed for pretrial diversion
agreements, see the Criminal Resource Manual
at 712.
| | | | | | | | |