| Pretrial Diversion:
Pretrial diversion is an administrative procedure of the
Department of Justice that provides an alternative to
prosecution for selected individuals. The U.S. attorney
may divert individuals, in accordance with Department
of Justice eligibility guidelines, to the pretrial diversion
program. Title 18 U.S.C. Section 3154 (10) provides
that, "To the extent provided for in an agreement between
the Chief Pretrial Services Officer in districts in
which pretrial services are established under Section
3152 (b) of this Title, or the Chief Probation Officer
in all other districts and the United States Attorney,
to collect, verify and prepare reports for the United
States Attorney's Office of information pertaining to
the pretrial diversion of any individual who is or may
be charged with an offense, and perform such other duties
as may be required under any such agreement."
In accordance with the Pretrial Services Act (18 U.S.C.
Section 3154 (10)), on July 11, 1989, the United States
Attorney and the Chief United States Pretrial Services
Officer signed an operations agreement that established
the Pretrial Diversion Program in the Eastern District
of Virginia.
Assistant United States Attorneys and special assistants
identify appropriate candidates, and refer the person
to the pretrial services office for an investigation
and report. If the candidate is found suitable, the
person is placed on diversion for a period not to exceed
18 months. The diversion agreement may require the person
to perform special tasks such as community service,
pay restitution, sign a promissory note, and/or participate
in mental health or substance abuse treatment. |
