General Population Diversion
In lieu of, or in addition to, population-specific programming, 37 states authorize programs that are not population specific and address the needs of defendants more generally than the programs listed above. These laws generally designate who has authorization to create a diversion program or designates administrative authority over a program to a specific individual or office such as prosecuting attorneys, local courts, or other local governmental agency. State statute also generally provides guidance on which defendants are eligible for participation in the diversion program and often specifically excludes defendants charged with a particular crime, defendants with specified criminal histories, or cases where certain circumstances, like death or bodily injury, were a factor.
Many of these laws also provide statutory guidance to program administrators regarding who qualifies for entry into the program. These guidelines are generally intended to help make admission to diversion programs more uniform. Unlike the statutory eligibility requirements, these guidelines do not absolutely eliminate a defendant from consideration for participation in a diversion program, but instead, may help guide the discretion of the authority determining whether or not pretrial diversion would be appropriate for a particular defendant.
The map below provides more information on state laws governing general population pretrial diversion options.