Pretrial Diversion

9/28/2017

Statutory pretrial diversion is well established in 48 states and the District of Columbia.These alternatives reroute defendants away from traditional criminal justice processing after arrest but prior to adjudication or final entry of judgment. Pretrial diversion is designed to address factors, called criminogenic needs that contribute to criminal behavior of the accused. Laws generally require that participation in diversion is voluntary and that the accused has access to counsel prior to making the decision to participate. Individuals are diverted prior to entry of judgment or conviction and a guilty plea may or may not be required. Successful completion of the program results in a dismissal of charges.

Population-Specific Diversion

Statutory diversion programs and treatment courts are often created by law to address the needs of a specific defendant population. Forty-three states and the District of Columbia have population-specific diversion programs which include:

  • Thirty-nine states have diversion alternatives that address substance abuse. These programs or treatment courts are available to people charged with drug or alcohol-related offenses as well as defendants identified as having substance abuse or addiction needs. (The information below excludes DUI specific diversion programs and courts).
  • Twenty-four states have diversion alternatives for individuals identified as having needs related to mental illness.
  • Many of the veterans or active military who have become involved with the criminal justice system have substance abuse and/or mental health needs stemming from combat experiences. Twenty-four states allow participation in diversion programs or treatment courts specific to the needs of veterans or active military members.
  • Ten states permit some defendants charged with domestic relations offenses including domestic violence and child abuse or neglect to be diverted.
  • Worthless check diversion programs are authorized in fifteen states. These programs generally allow first-time violators to clear their record after paying all restitution and completion of a financial management skills class.
  • Fourteen states have laws allowing other population-specific programs, including programs aimed to help defendants accused of property offenses, defendants accused of prostitution-related offenses, defendants who are considered victims of human trafficking, homeless defendants, defendants statutorily classified as young adults, defendants charged with weapons offenses under specified circumstances and defendants charged with crimes that affect their neighborhood and can be addressed by a community court.

Types of diversion alternatives

Treatment courts are a specific type of diversion which provides defendants with intensive treatment, graduated sanctions and rewards, close monitoring by the court and other programming such as education or job training. Thirty-three states have authorized the use of substance abuse, mental health, veterans and other types of these specialized courts.

Pretrial diversion programs are also used to reroute defendants who are veterans, have substance use or mental health needs or who fit within another defined population away from the justice system. How these programs are administered and who they are managed by varies greatly by state. Thirty-six states and the District of Columbia have authorized a population-specific pretrial diversion program.

The map below provides more information on state laws governing population specific pretrial diversion and treatment courts. Driving under the influence courts and traffic courts are not included. 

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Population Specific Diversion

  • Substance Abuse
  • Mental Health
  • Veterans/ Active Military
  • Domestic Relations
  • Worthless Check
  • Other

Substance Abuse

The 16 states in have statutorily authorized specialty courts aimed at addressing the needs of defendants charged with a drug offense or who have substance use related needs. The 8 states in have statutorily created diversion programs for defendants charged with a drug offense or who have substance use related needs. The 15 states in have statutorily authorized both specialty courts and diversion programs.

Check out statutory citations and a chart of population-specific programs.

Mental Health

The 18 states in have statutorily authorized specialty courts aimed at addressing the needs of defendants identified as having mental health needs. The 4 states in have statutorily created diversion programs for defendants identified as having mental health needs. The 2 states in have statutorily authorized both specialty courts and diversion programs.

Check out statutory citations and a chart of population-specific programs.

Veterans/Active Military

The 18 states in have statutorily authorized specialty courts aimed at addressing the needs of veterans and active members of the military who become involved with the criminal justice system. The 5 states in have statutorily created diversion programs to address the needs of veterans and active members of the military. The 1 state in  has statutorily authorized both specialty courts and diversion programs.

Check out statutory citations and a chart of population-specific programs.

Domestic Relations

The 2 states in have statutorily authorized specialty courts aimed at addressing the needs of defendants charged with domestic violence or related offenses. The 8 states in have statutorily created diversion programs to address the needs of defendants charged with domestic violence or related offenses.

Check out statutory citations and a chart of population-specific programs.

Worthless Check

The 15 states in have statutorily created diversion programs for defendants charged with offenses related to writing a worthless check. These programs allow first-time violators to clear their record after paying all restitution and completion of a financial management skills class.

Check out statutory citations and a chart of population-specific programs.

Other

The 8 states in  have a statutory diversion programs for other populations. The 3 states in have statutory specialty court programs for other populations. The 3 states in have authorized both specialty courts and diversion programs. These courts and programs include diversion alternatives for defendants charged with property offenses, prostitution offenses, specific weapon offenses, gambling offenses, defendants identified as victims of human trafficking, students, young adults, homeless defendants and public safety employees. Also included in this chart are community courts which target community-specific needs.

Check out statutory citations and a chart of population-specific programs.

 
 

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.

General Population Diversion

The interactive map has been designed to allow users to compare state general population diversion courts and programs. Select the state on the map for detail about general population diversion programs and courts in each state.

DC PR MP GU AS VI AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

USA FlagThirty-seven 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.

 Alabama

AL flag

Pretrial Diversion Programs
§12-17-226 et seq.

Authorization and/or Administration
District attorneys

Eligibility
Certain drug and property offenses, misdemeanors and violations at the discretion of the district attorney.

Exclusions
Capitol offenses, class A felonies, abduction, kidnapping, certain sex and child pornography offenses, judicial proceedings offenses, perjury, and hate crimes. Offenses involving death, serious injury, a victim younger than 14 years old, bribery of a government or public official. Any offense where the defendant is a law enforcement, school or correctional officer, an active duty military member, a person over 65 years old, determined to be a public safety threat or a public official charged with offenses related to their position.

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Municipal Pretrial Diversion Program
§12-14-90 et seq.

Authorization and/or Administration
Governing body of a municipality with supervision of the presiding judge

Eligibility
Municipal offenses

Exclusions
Traffic violations by persons with commercial driver’s licenses.

 Alaska

Ak flag

Suspended Entry of Judgment
§12.55.078

Authorization and/or Administration
Courts with consent of prosecuting attorney and defendant

Eligibility
Any defendant not specifically excluded.

Exclusions
Felonies, homicide, specified assault offenses, stalking, kidnapping, custodial interference, human trafficking, specified sex offenses, robbery, extortion, coercion, arson, specified child pornography offenses, sex trafficking, and offenses involving use of a firearm. Defendants who have previously served a suspension of judgment unless the court makes written findings and those with a prior domestic violence conviction.

Arizona

AZ flag

Deferred Prosecution Programs
§11-361 et seq.

Authorization and/or Administration
Prosecuting Attorneys’ Advisory Council

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants previously convicted of specified serious, dangerous or sex offenses. Defendants with three or more drug possession or paraphernalia convictions.

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Pretrial Diversion Programs
§9-500.22

Authorization and/or Administration
Chief prosecuting officers of a city or town 

Eligibility
Any defendant not specifically excluded.

Exclusions
Offenses involving a deadly weapon or dangerous instrument.

Arkansas

CA flag

Pre-Adjudication Probation
§5-4-901 et. seq.

Authorization and/or Administration
Judicial districts

Eligibility
Felony offenses upon approval of the court and prosecuting attorney.

Exclusions
Offenses requiring registration as a sex offender or involving a victim under the age of 17 or 65 years or older or specified violent offenses.

California

CA flag

Misdemeanor Diversion
Penal Code §1001.1 et seq.

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Misdemeanor offenses not specifically excluded.

Exclusions
Defendants eligible for other diversion programs, driving under the influence, or driving under the influence resulting in injury.

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Pretrial Diversion
Penal Code §1001.50 et seq.

Authorization and/or Administration
County boards of supervisors and the district attorney

Eligibility
Misdemeanor offenses not specifically excluded.

Exclusions
Unclassified offenses prosecuted as misdemeanors under Penal Code §17(b)(5), misdemeanor driving offenses, driving under the influence or driving under the influence resulting in injury. Offenses involving use of force or violence (except assault and battery). Offenses that carry mandatory incarceration, where probation is prohibited or sex offender registration is required. Defendants with a felony conviction, with a misdemeanor conviction or have been diverted in the past five years, who have been diverted or who have ever had probation or parole revoked that resulted in unsuccessful completion of supervision.

Colorado

CO flag

Pretrial Diversion
§18-1.3-101

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Any defendant not specifically excluded.

Exclusions
Specified sex offenses. Offenses involving domestic violence or certain sex offenses unless the court makes a determination based on risk assessment and other factors that the defendant is eligible.

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Deferred Sentencing of Defendant
§18-1.3-102

Authorization and/or Administration
Courts with the written consent of the defendant and the district attorney

Eligibility
Felony, misdemeanor, traffic and petty offenses.

Exclusions
No statutory exclusions.

Connecticut

CT flag

Accelerated Pretrial Rehabilitation
§54-56e

Authorization and/or Administration
Courts and the State Court Support Services Division

Eligibility
Any non-serious crime or motor vehicle violation not specifically excluded.

Exclusions
Class A or B felonies and class C felonies unless the defendant can show good cause. Defendants with specified prior convictions. Driving under the influence, 2nd degree manslaughter or 2nd degree assault involving a motor vehicle, enticing a minor, specified offenses related to: sexual assault, child pornography, family violence, drugs or paraphernalia possession, absentee ballot violations, or commercial vehicle violations. An offense that results in death or 2nd degree assault involving intentional striking on the head that results in serious injury.

Delaware

DE flag

Probation Before Judgment
Title 11 §4218

Authorization and/or Administration
Courts with consent of prosecuting attorney & defendant

Eligibility
Defendants charged with a violation or misdemeanor not specifically excluded.

Exclusions
Defendants currently serving a sentence of incarceration, probation, parole or early release. Defendants with a previous violent felony conviction, any nonviolent felony within the preceding 10 years, any misdemeanor offense within the preceding five years, have been admitted to probation before judgment for any offense within the preceding five years or those charged with an offense having been convicted of the same kind of offense in the preceding five years. Defendants charged with motor vehicle violations if the defendant holds a commercial driver’s license..

Florida

FL flag

Pretrial Intervention Program
§948.08

Authorization and/or Administration
Department of Community Corrections with approval of the state attorney, the victim and the court.

Eligibility
Any misdemeanor or 3rd degree felony provided the defendant does not have more than one prior nonviolent misdemeanor conviction.

Exclusions
No specific statutory exclusions unless the defendant is referred to the pretrial substance abuse education and treatment intervention program, the pretrial veterans’ treatment intervention program or the pretrial mental health court program.

Georgia

GA flag

Pretrial Release and Diversion Program
§42-3-70 et. seq.

Authorization and/or Administration
Department of Community Supervision with unanimous approval of county superior court judges

Eligibility
Defendants charged with felonies for which bond is permissible by law.

Exclusions
No statutory exclusions.

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Pretrial Intervention and Diversion Program
§15-18-80 et. seq.

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Any defendant that meets the criteria developed by the prosecuting attorney.

Exclusions
Excludes defendants charged with an offense that has a mandatory minimum sentence.

Hawaii

HI flag

Deferred Acceptance of Plea
§853-1 et seq.

Authorization and/or Administration
Courts

Eligibility
Defendants charged with a felony, misdemeanor or petty misdemeanor not specifically excluded.

Exclusions
Any offense for which probation is not an authorized sentence. Defendants previously convicted of a felony, including juvenile offenses and defendants previously charged with a felony or misdemeanor who were granted deferred acceptance of plea. Specified offenses that result in the killing or serious bodily injury of another or involve use of a firearm. Class A felonies, distribution of specified drugs to a minor, escape offenses, prison contraband offenses, bail jumping offenses, bribery offenses, witness/juror intimidation, jury tampering, prostitution offenses, abuse of a family or household member, sexual assault offenses, violation of a domestic assault protection order, child abuse offenses, enticement of a child offenses, falsifying reports, campaign finance offenses, and certain traffic offenses if the defendant holds a commercial driver’s license.

Idaho

ID flag

Suspension of Judgment/Withheld Judgment
§19-2601

Authorization and/or Administration
Courts

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants charged with treason and murder.

Illinois

IL flag

 

Indiana

IN flag

Withholding Prosecution
§33-39-1-8

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Defendants charged with a misdemeanor, a level 6 felony or a level 5 felony.

Exclusions
Defendants charged with specified offenses related to driving under the influence or those who hold a commercial driver’s license and are charged with specified offenses related to the federal Motor Carrier Safety Improvement Act..

Iowa

Flag

Deferred Judgment
§907.3

Authorization and/or Administration
Trial courts

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants previously convicted of a felony, granted a deferred judgment two or more times, or those granted deferred judgment for a felony within the preceding 5 years. Defendants charged with domestic abuse or assault and related protection order offenses if the defendant was previously granted a deferred judgment or sentence for a similar violation anywhere in the U.S. Defendants charged with specified methamphetamine offenses, certain driving under the influence offenses, operating a boat while intoxicated offenses that carry a mandatory minimum sentence, violations of no contact or protection orders, offenses requiring registration as a sex offender, certain homicide offenses related to driving under the influence, assault committed against a peace officer, lascivious acts with a child under 12 years of age and certain domestic assault offenses. Defendants who are a mandatory reporter of child abuse when the victim is under the age of 18 and charged with a forcible felony or sexual abuse. Defendants that are corporations.

Kansas

KS flag

Diversion Agreement
§22-2907 et seq.

Authorization and/or Administration
District attorneys or under certain circumstances district courts pursuant to §20-342. See §22-2912.

Eligibility
Any defendant not specifically excluded provided the prosecuting attorney determines it would be in the best interests of justice and of benefit to the defendant and the community.

Exclusions
Class A or B felonies, off-grid offenses, severity level 1, 2, or 3 nondrug felonies or severity level 1 or 2 drug felonies. Defendants charged with driving under the influence offenses if the defendant previously participated in a diversion program, has a prior driving under the influence conviction or if the offense resulted in death or personal injury. Defendants charged with domestic violence if the defendant has participated in two or more diversion programs for domestic violence in the preceding 5 years.

Kentucky

KY flag

Pretrial Diversion
§533.250

Authorization and/or Administration
Local chief judges & district attorneys with state supreme court approval

Eligibility
Defendants charged with class D felonies who have not within the preceding 10 years been convicted of a felony, been on probation or parole, or discharged for any felony sentence. Certain defendants charged with a class C drug felony pursuant to §533.251.

Exclusions
Defendants charged with offenses for which probation, parole or conditional discharge are prohibited. Defendants who have been granted pretrial diversion in the preceding five years. Defendants who have committed a sex crime..

Louisiana

LA flag

 

Maine

ME flag

 

Maryland

MD flag

Probation Before Judgment
[Crim. Proc.] §6-220

Authorization and/or Administration
Courts

Eligibility
Any defendant not specifically excluded provided the court determines it would be in the best interests of the defendant and public welfare.

Exclusions
Excludes defendants charged with an offense who have been convicted of or placed on probation before judgment for the same offense within the last 10 years. Applies to the following offenses: driving under the influence or impairment of alcohol or drugs, homicide by vehicle or vessel while under the influence or impairment of alcohol, homicide by vehicle or vessel while impaired by drugs, homicide by vehicle or vessel while impaired by a controlled dangerous substance, and life-threatening injury by vehicle or vessel while under the influence of alcohol and related crimes.

Defendants charged with a second or subsequent controlled dangerous substance offense except for certain possession offenses when the defendant has only one prior conviction or diversion. 1st and 2nd degree rape, 1st, 2nd and 3rd degree sex offenses, 1st and 2nd degree attempted rape, continuing course of conduct against a child, sexual abuse of a minor for a crime involving a person under the age of 16. Defendants charged with a moving violation who hold a provisional license and have previously been placed on probation for the same offense.

Massachusetts

MA flag

 

Michigan

MI flag

 

Minnesota

MN flag

Pretrial Diversion Program
§401.065

Authorization and/or Administration
County attorneys

Eligibility
Defendants charged with a nonperson felony, gross misdemeanor, or misdemeanor.

Exclusions
Defendants who have previously participated in a diversion program.

Mississippi

MS flag

Pretrial Intervention Program
§99-15-105

Authorization and/or Administration
District attorneys with the consent of the circuit court judge.

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants charged with a violent crime defined in §97-3-2 or trafficking in a controlled substance.

Missouri

MO flag

Diversionary Programs
§217.777

Authorization and/or Administration
Department of Correction

Eligibility
No statutory eligibility specified. Instructs the corrections department via community corrections programs to promulgate rules and regulations for the operation of preventive or diversionary programs.

Exclusions
No statutory exclusions.

Montana

MT flag

Pretrial Diversion
§46-16-130

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Any defendant not specifically excluded.

Exclusions
Specified driving under the influence offenses.

Nebraska

NE flag

Pretrial Diversion
§29-3601 et. seq.

Authorization and/or Administration
County and city attorneys with the concurrence of the county or city

Eligibility
Eligibility is to be determined by each program following consultation with criminal justice officials and program representatives.

Exclusions
No statutory exclusions.

Nevada

NV flag

Preprosecution Diversion Program
AB 470 (2017)

Authorization and/or Administration
Courts

Eligibility
Misdemeanors

Exclusions
Defendants charged with a violent crime defined in §200.408, vehicular manslaughter, driving under the influence or a minor traffic offense. Defendants previously convicted of any crime except a minor traffic offense. Defendants previously ordered to complete a preprosecution diversion program.

New Hampshire

NH flag

New Jersey

NJ flag

Pretrial Intervention Program: Supervisory Treatment
§2C:43-12 et. seq.

Authorization and/or Administration
Participation controlled by designated judges, prosecutors and program directors. Guidelines developed by the attorney general and supervisory treatment programs are approved by the Supreme Court.

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants who have previously participated in specified statutory diversion programs. Presumption of exclusion for a defendant who was a public officer or employee charged with an offense related to their position, or a defendant charged with domestic violence and the offense was committed while in violation of a restraining order or involved violence or threat of violence.

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Conditional Dismissal Program
§2C:43-13.1 et seq.

Authorization and/or Administration
Courts

Eligibility
Petty disorderly offenses or disorderly persons offenses.

Exclusions
Any disorderly persons or petty disorderly persons offenses related to drugs or paraphernalia. Defendants with a prior conviction for a petty disorderly offense or a disorderly persons offense. Defendants who have previously participated in specified statutory diversion programs. Defendants charged with a crime related to organized crime, continuing criminal business or enterprise, breach of public trust by a public officer or employee, domestic violence, driving under the influence, or animal cruelty. Crimes where the victim is an elderly, disabled, or minor person.

New Mexico

NM flag

Preprosecution Diversion
§31-16A-1 et seq.

Authorization and/or Administration
District attorneys

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants charged with a violent crime except for domestic disputes not involving a minor or any offense that involves substantial sale or possession of controlled substances. Defendants previously convicted of a felony violent crime or within the preceding 10 years any felony conviction. Defendants who previously had probation revoked or were unsatisfactorily discharged or within the preceding 10 years have participated in a similar diversion program.

New York

NY flag

 

North Carolina

NC flag

Deferred Prosecution & Conditional Discharge
§15A-1341

Authorization and/or Administration
Prosecuting attorneys with court approval.

Eligibility
Class H or I felonies and misdemeanors.

Exclusions
Defendants with prior conviction for a felony or misdemeanor involving moral turpitude and those previously placed on probation.

Ohio

OH flag

Pretrial Diversion
§2935.36

Authorization and/or Administration
Prosecuting attorneys with approval by presiding judge

Eligibility
Any defendant not specifically excluded.

Exclusions
Excludes repeat or dangerous offenders. Defendants charged with a violent offense, driving under the influence offenses, drug offenses, controlled substances offenses, or offenses committed while operating a commercial vehicle. Defendants charged with the following unless the prosecuting attorney makes specific findings: aggravated vehicular homicide, vehicular homicide, vehicular manslaughter, unlawful sexual contact with a minor, gross sexual imposition, compelling prostitution, promoting prostitution, dissemination of matter harmful to juveniles, pandering obscenity, compelling acceptance of objectionable materials, safecracking, abortion without informed consent, abortion manslaughter, endangering children, bribery, perjury, tampering with evidence, obstructing justice, unlawful transactions in weapons, kidnapping, abduction and interference with custody.

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Intervention in Lieu of Conviction
§2951.041

Authorization and/or Administration
Courts

Eligibility
Defendants charged with theft, aggravated theft, unauthorized use of a vehicle, passing bad checks, misuse of credit cards, forgery/forging identification cards,  nonsupport of dependents, or other offense when the court has reason to believe that one of the following was a factor leading to the criminal behavior: drug or alcohol use, the defendant had a mental illness at the time of committing the offense, the defendant has an intellectual disability or  the defendant was a victim of human trafficking.

Exclusions
Defendants who previously pleaded guilty to or were convicted of a felony offense of violence. Defendants who previously pleaded guilty to or were convicted of a nonviolent felony unless the prosecutor recommends participation. Defendants who have previously been through intervention in lieu of conviction or similar program or those charged with a felony that doesn’t qualify for a community control sanction sentence. Defendants charged with a 1st, 2nd, or 3rd degree felony, violent offenses, specified vehicular homicide offenses, specified vehicular assault offenses, driving under the influence offenses, corrupting another with drugs, manufacture of a controlled substance, cultivation of marihuana, illegal administration or distribution of anabolic steroids, 1st, 2nd, 3rd or 4th degree felony drug trafficking, 1st, 2nd, or 3rd degree felony drug possession, or tampering with drugs resulting  in physical harm. Any offense that would result in the defendant being disqualified from holding a CDL or that carries a mandatory period of incarceration. Defendants charged with a crime that involves a victim over the age of 65, permanently disabled, under the age of 13, or who is a peace officer engaged in their official duties.

Oklahoma

OK flag

Deferred Prosecution
22 §305.1

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Any defendant provided it is determined that diversion is in the best interests of the defendant and not contrary to the public interest. Instructs district attorney to adopt guidelines for admission into the program. Specifies priority be given to first time defendants and those charged with nonviolent crimes.

Exclusions
No statutory exclusions.

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Deferred Sentence
22 §991c

Authorization and/or Administration
Courts

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants who have previously been convicted of a felony offense or who have received a deferred judgment for a felony offense within the preceding 10 years unless waived by the court and district attorney. Defendants charged with an offense that would require registration as a sex offender.

Oregon

OR flag

Diversion Agreement 
§135.881 et. seq.

Authorization and/or Administration
District attorneys

Eligibility
Any defendant not specifically excluded provided the district attorney determines that diversion is in the best interests of justice and of benefit to the defendant and the community.

Exclusions
Defendants charged with driving under the influence, specified sex offenses or when the crime involves physical injury to another person. Defendants who have previously participated in diversion.

Provides an exception to the requirement that the offense not involve physical injury by allowing service members to participate if the offense does not involve serious physical injury. Excludes service members charged with a class A or B felony, 1st and 2nd degree rape, 1st and 2nd degree sodomy, 1st and 2nd degree unlawful sexual penetration, 1st degree sexual abuse, or if the offense involved domestic violence committed when a protective order was in place.

Pennsylvania

PA flag

 

Rhode Island

RI flag

 

South Carolina

SC flag

Pretrial Intervention
§17-22-10 et seq.

Authorization and/or Administration
Circuit solicitors with oversight from the South Carolina Commission on Prosecution Coordination.

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants previously accepted into an intervention program. Defendants charged with blackmail, driving under the influence, traffic-related offenses punishable only by fine or loss of points, certain fish and game offenses, crimes of violence defined in §16-1-60 or an offense involving domestic violence if the offender has been previously convicted of a domestic violence offense.

Tennessee

TN flag

Pretrial Diversion
§40-15-101 et. seq.

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants charged with a felony or driving under the influence, a misdemeanor sexual offense, conspiracy to commit any class E felony sexual offense, criminal attempt to commit any class E felony sexual offense, solicitation to commit any class D or E felony sexual offense, child abuse or child neglect, domestic assault, or any misdemeanor committed by specific public officials or employees during the course of their duties. Defendants previously granted judicial or pretrial diversion or previously convicted of a class A or B misdemeanor or any felony.

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Judicial Diversion
§40-15-313 et seq.

Authorization and/or Administration
Courts

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants charged with a sex offense, knowing abuse, neglect, or exploitation, knowing physical abuse or gross neglect of an impaired adult, financial exploitation of elderly or vulnerable adults, driving under the influence, vehicular assault, or class A or B felonies. Defendants with prior convictions for a felony or a class A misdemeanor and served a period of incarceration for that conviction. Defendants who are specified public officials accused of an offense committed in their official capacity. Defendants who have previously been granted judicial diversion or pretrial diversion.

Texas

TX flag

Deferred Adjudication Community Supervision
[Crim. Proc.] Code §42A.101

Authorization and/or Administration
Courts

Eligibility
Any defendant not specifically excluded.

Exclusions
Specified sex offenses and murder unless the court makes specific findings.  Defendants charged with specified driving under the influence offenses, specified drug free zone crimes if the defendant has previously been convicted of a similar offense, specified sex offenses if the defendant was previously convicted and sentenced to community supervision for a similar offense, or specified sex offenses that are habitual or continuous.

Utah

UT flag

Diversion Agreement
§77-2-5 et. seq.

Authorization and/or Administration
Prosecuting attorneys with approval of the court

Eligibility
Any defendant not specifically excluded.

Exclusions
Defendants charged with a capital felony, a first degree felony, sex offenses where the victim is under the age of 14, any traffic offense involving alcohol or drugs, any felony involving use of a motor vehicle during commission of the crime, driving a vehicle or a commercial vehicle on a revoked or suspended license, any crime involving operation of a commercial vehicle in a negligent manner causing death, or domestic violence.

Vermont

VT flag

Adult Court Diversion Program
3 §164

Authorization and/or Administration
Attorney general

Eligibility
Defendants charged with a first or second misdemeanor or a first nonviolent felony.

Exclusions
Defendants charged with a listed crime as defined in 13 §5301.

West Virginia

WV flag

Pretrial Diversion Agreements
§61-11-22

Authorization and/or Administration
Prosecuting attorneys

Eligibility
Any defendant not specifically excluded provided the prosecuting attorney determines it would be in the best interests of justice.

Exclusions
Defendants charged with driving under the influence or specified offenses where the victim is a family or household member. Defendants charged with domestic violence unless there is a pretrial diversion program established as part of community corrections programming.

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Deferred Adjudication
§61-11-22a

Authorization and/or Administration
Circuit or magistrate courts

Eligibility
Defendants charged with a misdemeanor or felony.

Exclusions
No statutory exclusions.

Wisconsin

WI flag

Deferred Prosecution Program
§971.39

Authorization and/or Administration
District attorneys in counties with a population of less than 100,000

Eligibility
Defendants charged with a crime not specifically excluded.

Exclusions
Defendants charged with specified driving under the influence offenses including those resulting in death or injury.

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Volunteers in Probation Program
§971.40; §973.11

Authorization and/or Administration
Chief Judge of judicial administrative districts

Eligibility
Defendants charged with one or more misdemeanors.

Exclusions
Defendants charged with a misdemeanor for which a period of incarceration is mandatory.

Wyoming

AK flag

Deferred Prosecution
§7-13-301

Authorization and/or Administration
Courts with the consent of the defendant and the state

Eligibility
Defendants charged with any felony or misdemeanor not specifically excluded.

Exclusions
Defendants previously convicted of any felony. Defendants convicted of a second or subsequent violation of domestic assault, domestic battery, or driving under the influence or any similar provisions of law. Defendants charged with murder, sexual assault in the first or second degree, aggravated assault and battery, and arson in the first or second degree.

District of Columbia

DC flag

Citation & Program
§12-17-226 et seq.
Pretrial diversion programs
 
Administration
District attorneys
 
Eligibility
Certain drug offenses, property offenses, and misdemeanors and violations at the discretion of the district attorney.
 
Exclusions
Class A felonies, capital offenses, any offense involving serious physical injury, any violent offense involving a victim who is under 14, a law enforcement officer, a school officer, a correctional officer, active duty military, or over the age of 65, any offense involving death, persons determined to be a public safety threat by the district attorney, offenses involving bribery of a government or public official, any offense where the defendant is a public official charged with offenses related to their position, abduction, kidnapping, sex offenses involving compulsion or incapacity, specified child pornography and sex offenses, offenses related to judicial proceedings, perjury, and hate crimes.

Full text of statutes can be retrieved using NCSL’s State Legislatures Internet Links database. 
Westlaw was used to conduct this research.

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