Pre-Trial Diversion Program

What is Pre-Trial Diversion?

The Pre-Trial Diversion program is authorized by Indiana statute and is a process that takes low level offenses out of the court system and allows certain qualifying offenders to earn dismissal of their charge upon successfully complying with requirements of the program, paying program fees, and not committing any new offenses during the diversion period which is typically twelve (12) months.

When Is Pre-Trial Diversion Authorized?
Purusant to I.C. 33-39-1-8, the Prosecuting Attorney may withhold prosecution against an accused person if:
  1. the person is charged with a misdemeanor, a Level 6 felony,or a Level 5 felony;
  2. the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney;
  3. the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney and filed with the court; and
  4. the prosecuting attorney electronically transmits certain required information to the Indiana Prosecuting Attorneys Council.
What Are The Conditions of Pre-Trial Diversion?
Pre-Trial Diversion Agreements may include any one (1) or more of the following conditions:
  1. pay to the clerk of the court an initial user’s fee and monthly user’s fees specified by law (currently $333.00);
  2. work faithfully at a suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment;
  3. undergo available medical treatment or mental health counseling and remain in a specified facility required for that purpose;
  4. receive evidence based mental health and addiction,intellectual disability, developmental disability, autism, and co-occurring autism and mental illness forensic treatment services to reduce the risk of recidivism;
  5. support the person’s dependents and meet other family responsibilities;
  6. make restitution or reparation to the victim of the crime for the damage or injury that was sustained;
  7. refrain from harassing, intimidating, threatening, or having any direct or indirect contact with the victim or a witness;
  8. report to the prosecuting attorney at reasonable times;
  9. answer all reasonable inquiries by the prosecuting attorney and promptly notify the prosecuting attorney of any change in address or employment;
  10. participate in dispute resolution either under I.C. 34-57-3 or a program established by the prosecuting attorney;
  11. refrain from committing any new offenses during the diversion period; and/or
  12. other provisions reasonably related to the defendant’s rehabilitation, if approved by the court.
How Do I Know If I Am Eligible For Pre-Trial Diversion?

Pre-Trial Diversion is normally reserved for individuals who do not have a criminal record and have not previously participated in the Pre-Trial Diversion program.  The Spencer County Prosecutor’s Office generally offers Pre-Trial Diversion only on Misdemeanor charges, not for Level 6 or Level 5 Felony charges.  Eligibility is determined by reviewing the specific facts and circumstances of each case as well as the offender’s criminal history.

There is no right to participation in the Pre-Trial Diversion Program and the Prosecuting Attorney retains the discretion to determine whether an offender is eligible for the program and when to offer participation in the program.  If the Prosecuting Attorney determines you are eligible then you or your attorney (if you have one) will be informed that the case is eligible for diversion and what the proposed terms of the diversion will be.  All defendants MUST appear in court for their initial hearing before Pre-Trial Diversion can be offered or discussed.

If you have questions about Pre-Trial Diversion or think you are eligible you should contact our office at (812) 649-6038 or use the submission form on our Contact page.