Pretrial Diversion Program

The Pretrial Diversion Program (PDP) is offered at the discretion of the Monroe County Prosecutor’s Office to defendants without significant criminal records who have been charged with certain minor offenses. The program allows a defendant to avoid a criminal conviction on their record by completing a specific set of requirements. Upon successful completion of the program requirements, the defendant’s charges will be dismissed. Requirements may include alcohol and drug education, substance abuse evaluations and treatment, and/or restorative justice programming. Defendants may also be required to perform community service work or pay restitution where appropriate. The program saves judicial resources by diverting cases away from the traditional court docket.

What is the Pretrial Diversion Program (PDP)?

Pursuant to Indiana Code 33-39-1-8(d), the prosecuting attorney may offer a diversion program for defendants charged with minor offenses in order to save judicial resources. The Monroe County Pretrial Diversion Program (PDP) targets low-level offenders who have been charged with minor violations, such as shoplifting, public intoxication, drug or paraphernalia possession, or illegal consumption of alcohol. Indiana law prohibits charges of operating while intoxicated from ever being eligible for pretrial diversion.

This voluntary program is designed as an intervention aimed at addressing potential substance use issues and reducing offender recidivism. It provides accountability through educational programming and other sanctions.

Participants may avoid a criminal conviction on their record by earning a dismissal of the charge through completion of certain requirements. The vast majority of participants are first-time offenders. At the discretion of the prosecutor’s office an appropriate defendant may be offered an additional opportunity to complete the program with greater requirements.

For defendants charged with minor substance abuse offenses, such as illegal consumption of alcohol, public intoxication, or possession of marijuana, program requirements usually include successful completion of a substance abuse education class, the PRIME for Life class offered by the Monroe County Probation Department. Most first-time minor substance offenders are required to do the seven-hour class. If a defendant is afforded a second opportunity to complete pretrial diversion, often a twelve-hour version of the class is required.

For offenders charged with class A misdemeanor possession of a controlled substance or level six felony drug or paraphernalia possession, program requirements include a substance abuse evaluation with a qualified treatment provider. If the treatment provider recommends a treatment plan, completion of that treatment plan is required for successful completion of diversion. Typically, this requirement would be a part of the typical sentence ordered by a judge under a traditional court conviction for these types of offenses.

Offenders charged with shoplifting or theft participate in the Shoplifting and Theft Education Program (STEP) offered through the Community Justice and Mediation Center.

The Pretrial Diversion Program provides meaningful intervention, holds offenders accountable without the long-term consequences of criminal convictions on their records, and conserves scarce judicial resources by diverting appropriate cases out of the court system.