Prosecutorial diversion is focused on low risk, first-time felony offenders who generally are charged with property crime. The goal of the program is to divert those offenders who are able to self-correct their behavior, pay restitution, and show genuine remorse in the process. Generally, moderate and/or high risk offenders would not be accepted for this program. However, a limited number of moderate risk offenders may not be excluded due to individual circumstances and the prosecutor’s recommendation. Ultimately, the prosecutor makes the final decision on who is placed in the program.
Exclusionary criteria for this program:
- No prior felony convictions
- No pattern of criminal behavior
- No violent, drug-related, or sex-related charges
- Value of property, or potential loss, must not exceed $5000.00
Offenders granted the opportunity to complete the program are required to report to a probation officer no more than one time a month and must perform 40 hours of community service (unless more hours are specified by the Judge). Because a large part of prosecutorial diversion is geared to “making the victim whole”, offenders must also pay restitution (if applicable). Once these requirements are completed and maximum benefits of the program have been met, a recommendation to close the case is made (generally between 4-12 months).
Intervention in Lieu of Conviction:
A limited number of individuals referred for Prosecutorial Diversion are found during the interview process to have an underlying substance abuse issue. These individuals would be required to undergo a substance abuse assessment and meet the eligibility requirements per statute for Intervention in Lieu of Conviction. These individuals would be required to complete the recommended treatment plan and abstain from alcohol and drug use. Low risk substance abuse offenders would report monthly to a probation officer but would have more frequent contact with substance abuse counselors according to need.