Introduction

Pretrial diversion (PTD) programs divert certain offenders from traditional criminal justice processing into alternative systems of supervision and services.  PTD programs provide prosecutors with another tool – in addition to the traditional criminal justice process – to ensure accountability for criminal conduct, protect the public by reducing rates of recidivism, conserve prosecutive and judicial resources, and provide opportunities for treatment, rehabilitation, and community correction.  PTD programs vary by district and may involve U.S. Probation and Pretrial Services, the district court, the federal public defender’s office, treatment or service providers, and other participant organizations.  Individuals who successfully complete a PTD program may qualify for a range of case outcomes, including the declination of charges, dismissal or reduction of charges, or a more favorable recommendation at sentencing.  Unsuccessful participants may be charged or, for participants who have already been charged, may be returned to or remain in the traditional criminal justice process.

The major objectives of pretrial diversion are:

To prevent future criminal activity and promote rehabilitation among certain offenders by diverting them from traditional processing into community supervision and services, including, as appropriate, mental health and substance abuse treatment.

To conserve prosecutive and judicial resources.

To provide, where appropriate, a vehicle for restitution to affected communities and victims of crime.

Each U.S. Attorney’s Office shall develop and implement a policy on the use of pretrial diversion appropriate for the Office’s district.

[updated February 2023]