PRETRIAL
DIVERSION
PROGRAM
District Attorney’s Office
Cobb Judicial Circuit
GUIDELINES
The
Diversion Program was created pursuant to Official Code of Georgia Annotated §15-18-80
as an alternative to the prosecution of offenders in the criminal system.
The Diversion Program is designed for first offenders who have
committed crimes that did not result in injury to a victim, are otherwise
non-violent and non-aggressive in nature and are non-drug related.
Inasmuch as those individuals who are admitted to the program have
committed a crime, it is not in the best interest of the justice system to have
records of the crime expunged. Therefore,
because of the requirements set forth at O.C.G.A. §35-3-37, any case considered
for acceptance in the Diversion Program must be accused or indicted prior to
being accepted in the program. The
District Attorney for the Cobb Judicial Circuit must approve any deviation from
these published guidelines.
In
accordance with the conditions outlined in their contractual agreements,
individuals accepted to participate in the Diversion Program will immediately be
subjected to individualized and controlled supervisory programs for a specified
period of time in lieu of traditional prosecution.
That is, persons who meet the eligibility criteria will be offered the
opportunity to participate in the Diversion Program which will serve as an
alternative to the county’s traditional methods of handling cases.
Participation
in the Diversion Program will be voluntary with the advice of counsel, will
occur prior to adjudication and if participants satisfactorily complete the
Diversion Program, will result in dismissal or nolle prosequi of the charges.
It is designed to benefit the individual program participant as well as
the overall criminal justice system for Cobb County.
Acceptance
into the Diversion Program will generally be based upon the following
eligibility criteria:
requesting consideration for participation in the Diversion Program.
4)
Unless
unusual circumstances prevail, offenders must be residents of Cobb County.
Some exceptions would be, the offender is returning home to family, a job
out of state, or going away to school.
5)
The
case against the offender must be prosecutable.
6)
As
a rule, offenders must be gainfully employed or a full-time student.
(An exception to this would be a homemaker who would not be required to
obtain full-time employment.)
7)
Offenders
must be of a stable mind and have a stable place of residence.
8)
Offenders
must agree to sign forms waiving their right to:
a)
Grand Jury indictment;
b)
certain Constitutional rights including the right to a speedy trial;
c)
maintain confidential information such as juvenile records (such records
are needed
for the purpose of eligibility investigation)
and
the Offender must admit guilt.
9)
Offenders
must agree to perform specified hours of community service (not to exceed 200
hours) be supervised for reasonable periods of time which will be determined by
the nature of their crimes and an evaluation of their program participation.
(Offenders will be required to enter into a contractual agreement
outlining the conditions of their participation in order for their petition to
receive consideration.)
The
following persons will not qualify for participation in the Diversion Program:
2)
Persons
with criminal records of convictions or arrests.
3)
Persons
who willfully failed to appear in court while on bond.
4)
Persons
who have escaped from a mental hospital.
5)
Persons
who have been arrested for Violation of the Georgia Controlled Substances Act.
6) Persons who are
dependent upon drugs and/or alcohol, unless they have
successfully completed
a primary
treatment program and can verify in writing, their successful completion of the
program.
In
order to be considered for acceptance in the Diversion Program, the offender’s
attorney will be required to file a petition with the District Attorney’s
Office. Copies of the petition will
be forwarded to the Assistant District Attorney to whom the case is assigned and
the Diversion Unit.
Subsequent
procedures for enrollment are as follows:
1)
The
Assistant District Attorney will review the case and based on the nature of the
Defendant's offense(s), determine the possibility of the petitioner’s
eligibility. If it is determined that the offender is a
possible candidate for the Diversion Program, the Assistant District Attorney
will complete and forward a referral form to the Diversion Representative for a
background check and final decision.
2)
Upon
receipt of the referral form from the Assistant District Attorney, the
Diversion
Representative will initiate an investigation to establish
the offender’s eligibility in terms of
personal history, criminal record, employment,
residency, etc.
3)
Upon
completion of the eligibility investigation by the Diversion Representative, a
determination regarding the acceptability of the offender to participate in the
Diversion Program will be made.
prosecution.
be
prepared and executed. If
restitution is required it must be paid at this time. The
offender will be required to pay an administration fee of $300.00 (O.C.G.A. §
15-18-80). All funds
are to
be given to the Diversion Representative who will distribute the funds to the
Clerk of
Superior Court. All funds are to be paid by certified or cashiers check or money
order only, made
payable
to Cobb County General Fund.
Program for a specified period of time, and for the duration of the program, the
offender will be
under the supervision and monitoring of the staff of the Diversion Unit or the
District Attorney’s
Office. Upon successful completion,
bond will be released.