Pre-Trial Intervention and Diversion

Pre-Trial Intervention and Diversion Program

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O.C.G.A. §15-18-80 et seq. authorizes and regulates Pre-Trial Intervention and Diversion Programs (PTID). Effective January 1, 2017, the District Attorney’s Office has contracted with Professional Probation Services (PPS) and any other valid and approved probation service by the District Attorney’s Office to service a PTID.

The goal of the PTID is to divert appropriate cases out of the criminal justice system and avoid criminal prosecution for first time offenders in minor, non-violent felony offenses where the chance of recidivism is minimized by enforcing one to two years of supervision.

When charges have yet to be filed, prosecution is declined and will result in dismissal upon successful completion of PTID. Charges that had been previously filed in Superior Court by indictment or accusation will be nolle prossed upon successful completion of PTID. PTID shall not be terminated early; the defendant shall be required to complete the full-term duration recommended by the ADA.

Eligibility Criteria

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Factors for eligibility include, but are not limited to:

  • the nature of the crime,
  • prior arrests, and
  • consent of the victim. 


The following factors will disqualify a defendant for consideration into PTID:

  • Any felony conviction,
  • Active felony probation,
  • Active felony First Offender probation.   


The following factors do not automatically disqualify a defendant for consideration into PTID; but will require additional scrutiny of the case and history of the defendant:

  • Previous successful completion of PTID in another jurisdiction.
  • Successful completion of a felony First Offender or conditional discharge program,
  • Substantial misdemeanor history, and
  • A substantial juvenile history.

Immigration status is not a factor to deny eligibility. All persons eligible for PTID will be considered.

Fee

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The new PTID Fee Schedule will be assessed on the basis of need and applied on a sliding scale.  In cases of severe indigence, at the request of the ADA, the fee may be reviewed by a Deputy Chief (“DC”), Chief Assistant District Attorney (“CADA”) or the District Attorney (“DA”).

  • Level I Supervision:         $350 - $1000
  • Level II Supervision:        $400 - $1000

Eligible Offenses

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The following chart lists examples of the types of cases that are eligible and ineligible for entry into PTID.  The below chart is not limited to the offenses listed below.

ELIGIBLE

INELIGIBLE

Thefts (various forms) up to $3000.00

Any violent crime

False Statements

Any sexual crime

Financial Transaction Card Fraud/Theft
up to $3000.00

Any crime against a child

Interference w/Government Property

Any crime against an elderly or disabled person

Forgery
Up to $3000.00

Any offense with a mandatory minimum sentence of incarceration that cannot be suspended, probated or deferred or any crime with a minimum sentence of 5 years or more.

Deposit Account Fraud
Up to $3000.00

Any offense that is a felony by virtue of recidivism (i.e., felony DUI, shoplifting, DWLS, Habitual Violator).

VGCSA possession offenses*

Defendants currently incarcerated as a result of a bond revocation or has a hold from another jurisdiction.

VGCSA (students)**

 

PWID Marijuana***

 


*    Schedule I through IV controlled substances in amounts weighing less than two (2) grams

**   VGCSA offenses committed by high school students on school property shall be reviewed for eligibility for PTID and require approval by DC, CADA or DA (includes possession, sale and PWID)
*** PWID of Marijuana cases with two factors only are subject for review for PTID AND require approval by DC, CADA or DA.

  • Example:  The defendant is charged with PWID marijuana for possessing several baggies (1st factor) and a scale (2nd factor) and no other factors suggest PWID, the case shall be reviewed for PTID.   However, if the Defendant is arrested with several baggies of marijuana, a scale and there is phone evidence of selling marijuana then the case is NOT eligible for PTID.
  • Any case in which there is an admission of selling marijuana shall be ineligible for PTID.
  • Only PWID Marijuana cases shall be considered for review. PWID Schedule I through IV shall not be eligible for PTID.


Additional Information:

  • Cases involving Thefts, Financial Transaction Card Fraud/Theft, Deposit Account Fraud and Forgery, will need approval from the DC, CADA, or DA if the amount exceeds $3000.00.
  • MADA’s will approve all PTID cases with the exception of those outlined above requiring approval from a DC, CADA, or DA.


Defendants incarcerated as a result of a bond revocation or having holds placed upon them from other jurisdictions shall be ineligible for PTID. Any other legal restrictions on the Defendant may be a factor in their eligibility for PTID.