Introduction
The prosecuting attorneys for each judicial circuit of the state of Georgia shall be authorized to create and administer a Pretrial Intervention and Diversion. Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts. The Georgia Code, Title 15 – Courts, Chapter 18 – Prosecuting Attorneys, Article 4 – Pretrial Intervention and Diversion Program: O.C.G.A. 15-18-80: The Pretrial Diversion Program is created as an alternative to the traditional prosecution of certain offenders before adjudication in the criminal justice system. The program is designed for low-level non-risk offenders committing crimes without serious injury to a victim, and for those committing crimes involving domestic violence. The purpose of the program is to enhance justice and public safety by addressing the root cause of the arrest provoking behavior.
Individuals accepted for participation in the Pretrial Diversion Program are required to enter into a contractual agreement. Participants will be subject to an individualized program of supervision. This program may include counseling, education, community service, mentoring, life-skill classes, during a specified period in lieu of traditional prosecution.
The request and decision to participate in the Pretrial Diversion Program is voluntarily made with the advice of counsel. Participation in the program must occur prior to adjudication. Successful completion of the program will result in a dismissal or Nolle Prosequi of the charges. The program is designed to benefit the individual participant and the criminal justice system for Coweta, Spalding, Fayette, Meriwether, Heard, Pike, Upson, and Troup Counties.