The Pre Trial Diversion Program was created to focus on the rehabilitation for first-time, non-violent offenders by participating in various corrective programs.
To provide for the establishment of a pretrial diversion program in the 16th Judicial Circuit in Etowah County; to set basic operating standards for the program; and to provide for program fees and their distribution.
Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as a part of the district attorney's evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, education history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program.
The district attorney may require the offender to submit to any test or evaluation process the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this act.
In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances:
- The offender is 18 years of age or older at the time the offense was committed.
- There is a probability justice will be served if the offender is placed in the pretrial diversion program.
- It is determined the needs of the community and of the offender can be met through the pretrial diversion program.
- The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement.
- The offender is not likely to be involved in further criminal activity.
- The offender will likely respond to rehabilitative treatment.
- The expressed wish of the victim not to prosecute.
- Undue hardship upon the victim.
- Whether the victim or the offender has medical, psychiatric, or vocational difficulties that would impede the administration of justice.
- Whether there is a reason to believe that the victim or offender will benefit from and cooperate with a pretrial diversion program.
- The impact of criminal charges or prosecution upon the victim, witnesses, or the community.