Pretrial Intervention is a diversion
program for individuals charged with their first felony
or misdemeanor offense. It gives an individual a chance
to avoid a criminal record and resume a responsible position
in society, if they complete the program successfully.
Application Process
Application must be made to the State
Attorney’s Office (SAO), by the client and his attorney.
Persons residing out-of-state may request PTI; however
a face-to-face meeting may be required. At the time of
the initial interview, the client will be required to
enter into a contract-style agreement between himself,
his attorney, and the SAO. In the agreement, the client
will be required to waive his right to speedy trial, agree
to cooperate with supervision, agree to abide by the law,
and agree to enter into counseling to address any case-related
problems or behaviors. The agreement also requires that
the client admit responsibility for the crime alleged.
This admission cannot be used against the client if he
or she fails to complete the PTI program, and is returned
to the courtroom for further prosecution.
PTI Acceptance
Acceptance into the PTI program requires
approval by the SAO. The SAO will first review the application
and conduct an investigation. The investigation will include
a review of the client’s criminal record and the nature
of the crime alleged. In addition, the SAO will request
comment from both the arresting officer and the victim,
if any. If a victim is involved, their consent is required
in order for PTI to be approved. If any restitution is
due, the client’s ability and willingness to pay is also
taken into consideration.
Supervision
PTI supervision lasts 12 months for misdemeanors
and 18 months for felonies. The Department of Corrections
(DOC) supervises felony cases and the Salvation Army supervises
misdemeanor cases. During supervision, the client will
be required to report once monthly to either of these
agencies. Clients may pay their financial obligations
in full at the beginning of their programs, but will be
required to make monthly payments if they are not able
to make a single lump sum. The PTI program will cost approximately
$1,000 (misdemeanors) and $1,500 (felonies) for supervision
fees. This is in addition to any amount that is due for
restitution.
The client may be required to participate
in counseling programs such as drug treatment, shoplifting
awareness, life skills, anger management, etc. All clients
will be required to undergo random drug testing, even
if they were not charged with a drug-related crime. Those
clients who were charged with a drug-related crime will
be required to undergo both monthly and random drug testing.
PTI probation officers will require that
a client’s employer be informed of the client’s participation
in the program. Generally, probation officers have the
responsibility to contact the client’s employer to ensure
that they have been notified. Contact between the probation
officer and the client may occur at the probation office,
the client’s place of employment, or the client’s place
of residence.
Completion
The probation officer will notify both
the Court and the SAO once the client has successfully
completed the program. The case will then be set for a
final hearing with the Court and the client and his attorney
will be notified accordingly. Once the Court has determined
that the client has met all the conditions of the program,
it will officially dismiss the charge. If all of the conditions
of PTI have been successfully completed within the first
half of the program, it is possible that the client might
be permitted to terminate his responsibility early. This
provides an incentive to complete all conditions as soon
as possible.
Drug Court PTI
Drug Court PTI resembles regular PTI in
most respects, with the following exceptions:
