 |
Pre-Trial
Diversion
Program
FOR BOSSIER AND WEBSTER PARISHES
|
| |
|
|
"AN ALTERNATIVE TO
PROSECUTION"
What is the Pre-Trial Diversion Program?
The Pre-Trial Diversion is a diversion program which is offered
to certain offenders who qualify for participation as an alternative
to prosecution. Participants receive coordinated assistance
in personal and group counseling, drug and alcohol rehabilitation
and other community agencies appropriate to their needs.
What is the Purpose of the Program?
The program is designed to meet the needs of certain nonviolent
offenders in an attempt to deter their future criminal or
disorderly behavior; to minimize loss to victims of these
crimes through payment of restitution by the offender; to
serve the courts by reducing the number of less serious cases,
permitting more time for the more serious crimes; and to protect
the community by closely supervising the accused following
arrest until final disposition of the case.
Who is Eligible for Participation?
To be eligible for participation in the Pre-Trial Diversion
Program, an individual may need to meet the following criteria:
1. Limited to nonviolent crimes;
2. Offenders between the ages of 17 and 25 (may be waived
in certain cases);
3. Restitution when required;
4. Drug related; Drug testing and/or counseling;
5. No continuing pattern of criminal behavior;
6. The individual must acknowledge his/her wrongdoing;
7. The individual must show a good faith willingness to participate
in the program.
How are Participants Selected?
Offenders meeting the criteria are referred to the program
following a review of the pending charge's) by an Assistant
District Attorney. After an inquiry is made of the offender's
prior criminal record and the victim is contacted, a letter
is sent to the offender with an appointment time. At this
appointment the offender is interviewed and given an overview
of the program. The offender then makes a decision to participate
in the program or go to court. The final decision as to the
acceptability of the offender for the program is made by the
Pre-Trial Counselor. In order to help defray additional expenses
in the application of the program services, a diversion fee
is required, payable before the ending date of the diversion
program.
What happens in the program?
Each participant will meet with the Counselor for individual
meetings. Some participants may also be required to attend
group meetings upon recommendations of the Counselor. One
goal of counseling will be to help the participant gain an
awareness of the legal and social consequences of criminal
behavior. The Counselor will also assist the participant in
any other problem areas. Referrals will be made to community
agencies that can provide services relative to the participants'
needs. Also, community service with a minimum of 48 hours
may be required at a nonprofit organization.
Is participation mandatory and if not, what are the advantages
to a defendant in choosing to participate?
Because the presumption of innocence applies to the period
between arrest and trial, program participation is completely
voluntary and the right not to participate is explained to
all potential participants. The advantages of participation
are:
1. Offers the defendant an opportunity for self-development
and to gain awareness of the consequences of future criminal
behavior;
2. To avoid additional costs as related to further criminal
prosecution;
3. To avoid possible criminal conviction, incarceration, and/or
fine;
4. Allows a person to remain in the community with limited
disruption to family life and employment;
5. Upon successful completion no further formal action will
be taken on the case;
6. On certain charges, the participant who completes the program
satisfactorily may request to petition the court for expungement
of the arrest record. This can be done through a private attorney.
How long does a participant remain in the program?
Active participation may last from six month to two years.
The exact duration of the program will depend on the seriousness
of the offense, the attitude of the participant and how well
the participant has met the goals of the program as determined
by the Counselor.
What is required of a participant in order to complete
the program successfully?
Participants must attend all sessions and keep all other appointments
that are mutually agreed upon by the participant and Counselor.
All participants must be employed or enrolled in school before
they can be recommended for satisfactory termination. Restitution,
if required, as well as Diversion fees must be paid in full
before program completion. A subsequent arrest or violation
of program rules will result in the participant's case being
returned to the prosecution section of the District Attorney's
Office for prosecution.
What happens when a participant enters then completes
the program?
When a participant enters the program the pending charge is
put on hold. When a participant completes the program satisfactorily,
the pending charge is "Dead Filed", conditioned
upon the participant complying with the requirements of the
Pre-Trial Diversion Program.
Does the program provide any special services?
Participants who are college students may, in certain cases,
be referred to the university they are attending for supervision
and counseling services. The program also has reciprocal agreements
with other diversion programs and community agencies in other
area.
Who do I contact?
Email - Jeff Walker
Contact:
District Attorney's Pre-Trial Diversion Program
Mr. Jeff Walker, Diversion Counselor
Courthouse Building
204 Burt Boulevard
Benton, LA 71006
Phone: (318) 965-2332 or 965-3779 - FAX: (318) 965-2233
·
Bossier Parish Courthouse
P.O. Box 69
Benton, Louisiana 71006
Phone: (318) 965-2332 - FAX: (318) 965-2233
·
Webster Parish Courthouse
P.O. Box 758
Minden, Louisiana 71055
Phone: (318) 377-7557 - FAX: (318) 377-1519
|
