Diversion programs: PTI ... dismissal ... problem solved ... or is it?

• Author: Tragos, George E.
• Position: Pretrial intervention - Florida

We all know that diversion programs exist and we take advantage of them for many of our clients on a frequent basis, but how many of us actually know the difference between the statutory requirements as opposed to your particular state attorney's prerogative? How many of us know the effect of the specific terms in the intervention agreement and their effect on the client? Well ... here is more than you ever wanted to know.

First things first. Pretrial intervention (PTI) is actually provided for through F.S. [section]948.08 and [section]948.16. The stated statutory intent of the program is to provide counseling, supervision, education, and, when applicable, medical and psychological services. The felony-level intervention programs are supervised by the Department of Corrections, although the misdemeanor programs can be monitored through contract agencies such as Salvation Army Correctional Services.

Any first offender or person convicted of not more than one nonviolent misdemeanor charged with any misdemeanor or third degree felony is eligible. In addition, a person with a second degree felony charge of possession of a controlled substance enumerated in Ch. 893; prostitution; tampering with evidence; solicitation for possession of controlled substances; or obtaining prescriptions by fraud is also statutorily eligible, as long as he or she is not charged with a crime of violence such as murder, sexual battery, robbery, home-invasion robbery, or carjacking. Further, if the person has no prior felony conviction and has never participated in a prior felony PTI program, he or she is eligible for a pretrial substance abuse, education and treatment program, as long as he/she has never rejected a prior offer of pretrial substance abuse program on the record in the past.

In order to be accepted into a pretrial intervention program, the statute requires that the defendant has consulted with an attorney; voluntarily agrees to participate in the program; knowingly and intelligently waives the right to speedy trial for the duration of the program; and has the consent of the victim, the state, and the judge. The one exception exists with misdemeanor pretrial substance abuse intervention and treatment programs, where eligible defendants may be admitted into the program upon motion by any of the parties, or by the court's own motion. The time frame discussed in the pretrial intervention statute is a segmented 180-day period. The initial segment calls for...