PRETRIAL DIVERSION

The Pretrial Diversion Program (PTD) is designed to hold specific categories of youthful or first-time offenders accountable for the illegal act(s) they have committed without creating an otherwise permanent blemish on their criminal record. This is accomplished by addressing the behavior that led such offenders into contact with the criminal justice system using a self-monitored program requiring them to complete clinical evaluations, recommended treatment, substance-abuse screening, life-skills training, and other support mechanisms tailored to the specific offense they committed.

Which Defendants are Eligible for PTD?

PTD is only available to defendants charged with (1) Minor in Possession of Alcohol; (2) Possession of Less Than One Ounce of Marijuana; (3) Theft by Shoplifting; and (4) Domestic Violence offenses IF APPROVED IN ADVANCE BY THE SOLICITOR GENERAL. However, offenders charged with those offenses may be disqualified from PTD if:

• They have a prior conviction (excluding traffic tickets, but including pleas under the First Offender Act, Conditional Discharge, and nolo contendere pleas);
• They have a prior arrest for the charge for which they are seeking PTD;
• They have completed a PTD program elsewhere in Georgia, another State, or in Federal court;
• They have also been charged with another crime in addition to the one that would be eligible for PTD;
• They have been charged with two or more offenses that would be eligible for PTD on their own;
• They are charged with Minor in Possession of Alcohol and either:
  • Drove while in possession; or
  • Drove and refused to submit to chemical testing;
• They are charged with misdemeanor Possession of Marijuana and either:
  • Drove while in possession; or
  • Drove and refused to submit to chemical testing;

What are the Requirements of PTD?

The specific requirements of PTD differ slightly based on the nature of the charge. Generally, however, the Defendant is given 150 days (with a compliance check at the halfway point) to complete the following:

• Pay a program fee;
• Complete a substance abuse evaluation and any recommended treatment (VCGSA and MIP)
• No possession of alcohol or drugs, with random screens no less than twice per month (VGCSA and MIP);
• Attend a DUI (MIP) or misdemeanor Drug (VGCSA) Court session;
• Community Service work;
• Restitution (if any);
• Be fingerprinted (if required by statute); and

Other specific requirements identified by the assigned ASG.

What should I do if I have questions?

Any questions regarding PTD should be directed to the Chief Assistant Solicitor-General David McElyea at [email protected] or to Todd Hayes, Solicitor-General at [email protected].