Frequently Asked Questions

Pretrial Diversion Program FAQ

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What charges are eligible for Pretrial Diversion Program (PDP)?
Certain misdemeanor and felony offenses including (but not limited to) shoplifting, illegal consumption or possession of an alcoholic beverage, public intoxication, possession of marijuana or other controlled substances, or possession of paraphernalia may be considered for participation in the Pretrial Diversion Program (PDP). Charges that involve operating a motor vehicle while intoxicated are not eligible for PDP. Regardless of the charges filed, eligibility for PDP is not guaranteed and is determined on a case-by-case basis at the discretion of the prosecutor.

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How do I apply for Pretrial Diversion Program (PDP)?
There is no application process for PDP. Arresting agencies (such as Bloomington Police Department, Monroe County Sheriff’s Office, Indiana State Police, and Indiana University Police Department) forward reports from arrests and citation tickets to the Monroe County Prosecutor’s Office for charging decisions. Prosecutor’s Office staff reviews each report and considers, among other things, the charges involved, the circumstances surrounding the incident, and the defendant’s prior criminal history to determine if a case is appropriate to be offered PDP. Defendants cannot “apply” for PDP, though they are welcome to ask the assigned prosecutor to consider PDP.

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Do I need to show up for my initial court date?
Yes. The initial hearing is where a defendant will be informed if he/she is eligible for Pretrial Diversion Program (PDP). If eligible for PDP, the defendant will be given paperwork by the bailiffs and then sent to meet with PDP staff without actually appearing before the Judge. If a defendant is not eligible for PDP, he/she will have an initial hearing, in which he/she appears before the Judge and enters a plea of either “guilty” or “not guilty.” If a defendant pleads “guilty,” then a conviction will be entered on his/her record and he/she will be sentenced by the Judge. If a defendant pleads “not guilty,” then the case will be set for a pretrial conference. IF A DEFENDANT FAILS TO APPEAR FOR A COURT DATE, A WARRANT FOR HIS/HER ARREST MAY BE ISSUED.

If a defendant has hired a defense attorney, that attorney may petition the Court to waive or postpone the initial hearing. However, the defendant is responsible for knowing if and when he/she needs to appear in Court, and an arrest warrant may issue if he/she fails to appear for a court date.

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I’ve been cited for an alcohol- or marijuana-related offense. What should I do now?

If you received a ticket for an offense such as illegal consumption or possession of alcohol or possession of marijuana or another controlled substance, the first thing that you need to do is be sure to appear for the court date at the bottom of your ticket. By signing the ticket, you have acknowledged the court date and have promised to appear in court at that date and time. FAILURE TO APPEAR FOR COURT COULD RESULT IN A WARRANT FOR YOUR ARREST. If you have a scheduling conflict, please see “How can I change my initial court date?” below.

If you are wondering whether or not you are eligible for Pretrial Diversion Program (PDP), that decision will be made once charges are actually filed in your case. You need to make sure to appear for court, at which time you will be informed of your eligibility.

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How does the Pretrial Diversion Program (PDP) benefit me?
PDP is a valuable program that allows a defendant to avoid a criminal conviction while still providing accountability for his/her actions. Successful completion of PDP results in the dismissal of a defendant’s charges. When applying for employment, school, certifications and licensing, or even credit, applicants are often asked about their criminal history and background checks are done. The dismissal of charges means that if you are asked about whether or not you’ve ever been convicted of a criminal offense, you may honestly answer “no” to that question. If a background check is run, the court records will show that the defendant participated in the Pretrial Diversion Program and that charges were dismissed. In exchange for the dismissal of charges, participants must complete requirements intended to hold them accountable and educate them on the choices and situations that led to the charges being filed.

If a defendant successfully completes PDP and charges are dismissed, a defendant may be eligible for expungement of the records related to the case pursuant to Indiana Code 35-38-9-1.

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How can I change my initial court date?
Court dates may only be changed by order of the Court.  In order for that to happen, a defendant must wait until charges have actually been filed and the case has been assigned to a particular division of the Monroe Circuit Court.  Once the case has been filed, the defendant may request a change of date from the office of the Judge presiding over that Court.  Defendants may check to see if charges have been filed by visiting https://mycase.in.gov, and if so, in which division they were filed.  The Monroe County Prosecutor’s Office cannot move, change, or reset court dates.

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Can I talk to someone about my case before my initial court date?
Staff from the Monroe County Prosecutor’s Office may not speak with a defendant prior to him/her appearing in court and completing an “Acknowledgement of Rights” form. A defendant may contact a defense attorney prior to appearing in court.

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Do I have to sign up for or pay anything toward Pretrial Diversion Program (PDP) at my initial court date?
No. If eligible for PDP, a defendant will be sent to meet with PDP staff and be formally offered the program. Staff will go over the program and describe what the program is, what it does and does not do, and what the defendant will be expected to do in order to complete PDP successfully. The defendant’s case will be set for a court date that is usually six (6) weeks later in order to decide if he/she wants to actually move ahead with PDP or go through the traditional court process instead. The defendant is encouraged to talk with friends, family and/or a defense attorney to decide how he/she wants to proceed with his/her case. If the defendant chooses to go ahead with PDP, then he/she must pay his/her PDP fees and sign his/her actual PDP Agreement before the next court date. IF THE DEFENDANT CANNOT AFFORD TO PAY PDP FEES, A FEE WAIVER APPLICATION IS AVAILABLE IN THE MONROE COUNTY PROSECUTOR’S OFFICE UPON REQUEST.

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How much does Pretrial Diversion Program (PDP) cost/What do I have to do for PDP?
Indiana Code 33-37-4-1 and 33-37-5 lay out the costs and fees required for Pretrial Diversion Program (PDP). Additional fees may be assessed for educational programming provided by either the Monroe County Probation Department or Community Justice and Mediation Center. The total cost of PDP will depend on the level of the criminal charges and the requirements a defendant must complete for the program. Program requirements are determined based on the charges filed, circumstances of the case, and the defendant’s prior criminal background. In the event that a substance abuse evaluation and treatment are required, a defendant must bear that cost. Please see https://www.monroeprosecutor.us/criminal-justice/pretrial-diversion-program/program-terms/ for additional information regarding costs and fees.

Most of the costs and fees are not retained by the Monroe County Prosecutor’s Office. The pretrial diversion program fees allotted to the Prosecutor’s Office are used to directly fund the PDP staff who administer the program.

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What happens if I decline the Pretrial Diversion Program (PDP) and go to court instead?
If a defendant does not participate in PDP, he/she will have an initial hearing, in which he/she appears before the Judge and enters a plea of either “guilty” or “not guilty.” If a defendant pleads “guilty,” then a conviction will be entered on his/her record and he/she will be sentenced accordingly. If a defendant pleads “not guilty,” then the case will be set for a pretrial conference; the defendant may be evaluated for a public defender (if one is requested) or may hire a private attorney, and the case will continue in Court.

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I don’t live in Bloomington or Monroe County. Can I still do the Pretrial Diversion Program (PDP)?
Most often, yes. It is not uncommon for PDP defendants to need to try and complete their PDP requirements outside of Monroe County, Indiana. PDP staff will try to assist defendants who are eligible and willing to do PDP but would find it a hardship to return to Monroe County after they have been offered PDP at their initial hearing. It does, however, become chiefly the defendant’s responsibility to work out where and how he/she will complete the requirement, and he/she must verify with PDP staff before the completing the requirements that everything is satisfactory. To find resources for locating appropriate classes, please see https://www.monroeprosecutor.us/criminal-justice/pretrial-diversion-program/program-terms/#1.

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Will the Pretrial Diversion Program (PDP) keep this incident totally off of my record?
PDP is designed to help a defendant keep a criminal conviction off his/her record with regard to the offense(s) charged. If he/she successfully completes the program, the court record will show that the charge was dismissed. The benefit of PDP is that there is no criminal conviction and the defendant is not found guilty. When asked if he/she has ever been convicted of or plead guilty to a criminal offense, a defendant may answer “no” with regard to any charge in a successfully completed PDP case. However, a record that an arrest occurred, or that a charge was filed in court, will not be expunged or erased until or unless a defendant successfully petitions the court pursuant to Indiana Code 35-38-9-1.

Police records of an arrest or citation are beyond the control of the Prosecutor’s Office. If a defendant is asked if he/she has ever been charged with a criminal offense, he/she must always answer “yes.” Upon successful completion of the program, a defendant may specify that the charge was dismissed. In that case, when a background check is run, the Court record will show that an order of conditional dismissal was issued and the case was closed.

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Can/will Pretrial Diversion Program (PDP) staff discuss my case with anyone else (parents, spouse, etc.) besides me?
PDP defendants are legal adults in the State of Indiana, which means that PDP staff will not discuss any aspect of a criminal case with anyone except the defendant or the defendant’s attorney of record in the case. Defendants are encouraged to talk with friends, family, or a defense attorney to determine if he/she wants to go ahead with PDP or go through the traditional court process, but any and all questions for the Prosecutor’s Office must come from either the defendant or his/her attorney.

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What are the terms of the program?
Alcohol or marijuana Related Violations:

  1. Attend an alcohol and marijuana education class
  2. Complete community service work if applicable
  3. Pay fees (or receive a fee waiver)
  4. Refrain from committing other criminal offenses for the term of the PDP Agreement

Payments may be made online through the website for the Monroe County Clerk’s Office (https://www.co.monroe.in.us/department/?structureid=18). The defendant must supply confirmation of online payment to PDP staff. An additional processing fee is assessed for online payments.

Payments may also be made by mailing a money order to:

Pretrial Diversion Program
Monroe County Prosecutor’s Office
Charlotte T. Zietlow Justice Center
301 North College Ave., Room 211
Bloomington, IN 47404

Personal checks are not accepted, and it is not recommended to send cash through the mail.

Once the fees are paid, either online or by mailing a money order, PDP staff will provide the defendant with a formal receipt from the Clerk’s Office, along with the PDP Agreement. The defendant must sign the PDP Agreement and send it back to the Monroe County Prosecutor’s Office. Upon receipt of the signed PDP Agreement, PDP staff will file the PDP Agreement with the Court.

The defendant MUST complete this process by their next court date (assigned when the defendant is originally offered PDP) or else appear in Court. If the defendant fails to sign a PDP Agreement or appear for court, a warrant will be issued for his/her arrest. Other requirements, such as scheduling classes, will be addressed via email once the signed PDP Agreement has been received and filed by the Prosecutor’s Office.

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What if I cannot afford Pretrial Diversion Program (PDP) costs and fees?
A fee waiver application is available from the Monroe County Prosecutor’s Office upon request. Please complete the application form to the best of your ability, as you could be liable for penalties of perjury if the information provided is inaccurate. Submit the completed form to the Monroe County Prosecutor’s Office. Fee waiver applications are reviewed using 150% of federal poverty guidelines (commonly used to determine financial eligibility for certain federal programs).

If your fees are waived, you may be required to complete community service work in lieu of fees. The quantity of community service work hours required will be at a rate equivalent to at least a living wage so as not to create unfair labor standards for PDP participants. The type of work required is widely variable. In the event that community service work would result in substantial or undue hardship to a defendant or his/her family, this requirement may also be waived.

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