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;
- 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.
[updated April 2011]