Office Of The District Attorney

Transcription

1 SHANNON G. WALLACE District Attorney Office Of The District Attorney BLUE RIDGE JUDICIAL CIRCUIT Cherokee County Justice Center 90 North Street, Suite 390 Canton, Georgia Phone Fax BLUE RIDGE JUDICIAL CIRCUIT PRETRIAL DIVERSION PROGRAM (BRJCPDP) GUIDELINES FOR ELIGIBILITY, ACCEPTANCE, AND ADMINISTRATION PROTOCOL I. PURPOSE The Blue Ridge Judicial Circuit Pretrial Diversion Program, hereinafter referred to as BRJCPDP, was created pursuant to O.C.G.A as an alternative to prosecuting offenders in the traditional manner through the criminal justice system. This program is designed to serve low-level, low-risk offenders with no previous felony convictions who are charged with non-violent crimes in the Superior Court of Cherokee County and are charged with an offense for which the law does not provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated or deferred. This program is designed to meet the needs of certain non-violent offenders in an attempt to deter future criminal conduct while also minimizing loss to these victims through payment of restitution by the offender; to serve the courts by reducing the number of less serious cases being processed by the criminal justice system which will permit more time for the system to focus on more serious crimes; and to protect the community by closely supervising and monitoring these offenders following arrest until final disposition of their case through use of community resources appropriate for the offender and the case. II. ADMINISTRATION A. Monitoring of Program 1. The District Attorney shall designate a Pretrial Diversion Coordinator, hereinafter referred to as PDC. The PDC will assist in developing policy and procedures for the successful administration of the BRJCPDP and shall monitor the participants throughout their participation in the BRJCPDP. 2. An administrative assistant and victim-witness advocate shall be appointed to assist the PDC with the administration of the BRJCPDP. 3. The investigator originally assigned to the case shall remain on the case throughout continuation in the BRJCPDP.

2 A. Fees 1. All fees paid to the BRJCPDP are non-refundable and the total amount of all monies to be paid shall be determined prior to the Participant Orientation and shall be included in the BRJCPDP Participant Contract. 2. All monies paid shall be in the form of cashier s check, money order or attorney escrow check (absolutely no cash) unless otherwise directed and shall be submitted to the designated authority as further defined below. 3. Participants shall submit $ made payable to the Cherokee County General Fund, at the initial Participant Orientation for the administrative program fee. Said fee may only be waived in part or in whole or made payable in monthly increments upon a written showing of good cause to the District Attorney and upon approval of the District Attorney. a) Participant will submit the administrative program fee to the PDC and shall receive a receipt of monies paid from the PDC at the Participant Orientation. 4. In addition to the administrative program fee, participants will pay fees directly to the Cherokee County DUI Court Lab (herein after referred to as Lab ) for drug and alcohol testing while in BRJCPDP in an amount to be determined based on the Track in which the participant is placed. a) Participants in Track I shall submit $361 in the form of a money order made payable to the Cherokee County DUI Court Lab at the initial orientation for all drug and alcohol testing required by the BRJCPDP. Said fee shall not be waived in part or in whole or made payable in monthly increments. b) Participants in Track II will pay $25 in the form of a money order made payable to the Cherokee County DUI Court Lab at the initial orientation for the first test and shall pay $15 (money order only) for each subsequently requested drug test directly to the Lab prior to submitting to said testing. Participants in Track II will be required to submit to a minimum of three and maximum of nine tests during the duration of the program. c) Written proof of all payments shall be submitted to the PDC before the orientation is deemed complete.

3 5. In addition to the administrative fee and drug/alcohol testing fee, if applicable, participants are required to pay any and all restitution owed in full at the initial orientation to the Cherokee County Clerk of Court. a) The amount of restitution will be determined by the District Attorney or her designee prior to the participant entering into the BRJCPDP and shall be clearly established in the Participant Contract. b) Said restitution may only be waived in part or in whole or made payable in monthly increments upon a written showing of good cause to the District Attorney and upon approval by the District Attorney. c) Written proof of payment of restitution shall be submitted to the PDC before the orientation is deemed complete. B. BRJCPDP Program Tracks 1. Based on the initial charges, as well as the substance abuse history or any other information or evidence provided that indicates the participant has a substance abuse problem, participants will be placed in either Track I (Substance Abuse Track) or Track II (Non-Substance Abuse track). a) Track I (Substance Abuse Track) (1) Participants in Track I shall complete a minimum length of six (6) months and a maximum length of twelve (12) months; (2) Length of the program is at the sole discretion of the District Attorney or her designee based on the crime committed, opinion of law enforcement and victim(s), as well as any aggravating or mitigating circumstances surrounding the case; (3) Length of the program shall be established at the time of acceptance into the BRJCPDP and shall be designated in the Participant Contract signed by the PDC, the defendant and defendant s attorney, if the defendant has an attorney; (4) Length of the program shall not be shortened or lengthened beyond the designated period in the Participant Contract without the written consent of the District Attorney or Chief Assistant District Attorney; (5) Participants in Track I are required to call the Lab daily after midnight to determine if he/she is required to submit a specimen to the Lab on that particular day.

4 (6) Participants must arrive to the Lab between the hours of 6:00 a.m. and 10:00 a.m. to submit his/her specimen to the Lab, if required. b) Track II (Non-Substance Abuse Track) C. Noncompliance and Termination (1) Participants in Track II shall complete a minimum length of three (3) months and a maximum length of six (6) months; (2) Length of the program is at the sole discretion of the District Attorney or her designee based on the crime committed, opinion of law enforcement and victim(s), as well as any aggravating or mitigating circumstances surrounding the case; (3) Length of the program shall be established at the time of acceptance into the BRJCPDP and shall be designated in the Participant Contract signed by the PDC, the defendant and defendant s attorney, if the defendant has an attorney; (4) Length of the program shall not be shortened beyond the designated period in the Participant Contract without the written consent of the District Attorney or Chief Assistant District Attorney. (5) Participants in Track II are required to call the Lab daily after midnight to determine if he/she is required to submit a specimen to the Lab on that particular day. (6) Participants must arrive at the Lab between the hours of 6:00 a.m. and 10:00 a.m. to submit his/her specimen to the Lab, if required. 1. At the sole discretion of the District Attorney or her designee, noncompliance with the terms and conditions of the BRJCPDP shall result in termination from the BRJCPDP and the case will then be submitted for prosecution in the traditional criminal justice system. Circumstances that may lead to termination include, but are not limited to: a) Accrual of any new charges while participating in the BRJCPDP; b) Positive drug or alcohol screens; c) Failure to pay fees and restitution as directed;

5 d) Failure to complete counseling and/or treatment as directed; e) Failure to perform community service; and f) Failure to comply with any of the agreed upon conditions in the Participant Contract. 2. If the participant is in non-compliance, the District Attorney or PDC may allow the participant a period of time to come into compliance, may extend the length of the program, or may elect to terminate the participant from the PDP immediately. 3. The participant will receive a notice of deficits or noncompliance prior to termination from the program. If the participant is terminated from the PDP, the participant s case will be submitted to the originally assigned ADA and judge for prosecution in the traditional criminal justice system. 4. No fees or restitution paid into the BRJCPDP shall be returned to the participant in the event the participant does not successfully complete the BRJCPDP. D. Successful Completion 1. At the end of the designated length of the BRJCPDP established in the Participant Contract and upon successful completion of all of the terms and conditions of the BRJCPDP, the PDC shall review the participant s file and obtain a new criminal history for the participant. 2. Upon verification of the participant s successful completion of all of the terms and condition of the BRJCPDP, the PDC will submit a notice of program completion and a dismissal/nolle prosequi form to the District Attorney or Chief Assistant District Attorney for approval. 3. Participants who successfully complete the BRJCPDP are eligible for record restriction pursuant to O.C.G.A Record restriction approval shall be reflected on the dismissal or nolle prosequi form prepared by the PDC and shall be submitted to the Clerk of Court. III. ELIGIBILITY A. Eligibility Guidelines 1. Acceptance in to the BRJCPDP is at the discretion of the District Attorney or her designee. The District Attorney may consider any aggravating or mitigating circumstances of the charged offense in considering eligibility. In order

6 to be eligible for the BRJCPDP, a candidate must meet the following general eligibility criteria (assuming the criminal charge qualifies for diversion): B. Exclusions a) Charged with a nonviolent offense; b) Has no previous felony convictions and has not previously been sentenced under the First Offender Act or O.C.G.A (Conditional Discharge); c) Has no more than two prior misdemeanor convictions; d) Is not charged with a violation of public trust; e) Has no continuing pattern of criminal behavior; f) Is able to make full restitution to the victim at time of entry into program; g) Is able to comply with random drug and alcohol screenings at Cherokee County DUI Court Lab and/or comply with recommended counseling; h) Is willing to acknowledge his/her wrongdoing; i) Shows a good-faith willingness to participate in the program. 1. As a general rule, the following offenses are ineligible for consideration in the BRJCPDP: a) An offender presently on felony probation or parole; b) An offender with a prior conviction for murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery; c) Any offense that requires a mandatory minimum sentence of incarceration that cannot be stayed, probated or paroled; d) Any offender who has previously been enrolled in any Pretrial Diversion Program in any jurisdiction; e) Any offender who has willfully failed to appear in court while on bond; f) Any offender who has previously escaped from prison, jail, or a mental hospital. IV. ACCEPTANCE A. Acceptance into the BRJCPDP shall be at the sole discretion of the District Attorney or her designees. B. Process 1. Referrals from Assistant District Attorneys

7 a) All Assistant District Attorneys in the Blue Ridge Judicial Circuit Office of the District Attorney will review assigned cases using the abovestated guidelines for eligibility. b) If a defendant appears to be eligible for participation, the lead prosecutor will complete a Pretrial Diversion Referral Form and submit to the PDC. Review and referral to the BRJCPDP should be completed within ninety days of the opening of the case and prior to indictment or accusation, if possible. c) Prior to submitting the referral form and case file, the ADA shall contact the lead law enforcement officer and any victim(s) associated with that case to inform them that the case is being considered for the BRJCPDP. d) A note of all contact with law enforcement and victims shall be made in Tracker advising of the opinions of law enforcement and the victim(s) regarding the defendant s participation in the BRJCPDP. e) All referrals shall be submitted to the PDC for review. (1) Cases that are accepted into the BRJCPDP shall be noted in Tracker and the PDC shall notify the original ADA by of this decision. (2) Cases that are not accepted into the BRJCPDP will be returned to the original ADA for prosecution in the criminal justice system. f) Upon acceptance into the BRJCPDP, a Notice of Acceptance letter shall be sent to the participant and to the participant s attorney, if the participant has an attorney. g) The participant and his/her attorney shall attend the Participant Orientation on the second Tuesday of the month after acceptance into the BRJCPDP unless directed otherwise to complete all necessary enrollment paperwork, including but not be limited to: BRJCPDP Participant Contract, Waiver of Fourth Amendment Rights, Waiver of Jury Trial, Consent to Obtain Criminal History, Cherokee County DUI Court Lab contract, and any medical releases necessary for supervision. (1) Upon the acceptance of a case that has been indicted or accused, the defendant shall, in addition to meeting with the PDC, appear in court to execute a Waiver of Jury Trial and Consent to Dead Docket.

8 2. Referrals from Defendant/Attorney a) If a defendant is interested in being screened for entry into the BRJCPDP, he/she or his/her attorney shall submit the Application Packet (located on the website of the Blue Ridge Judicial Circuit Office of District Attorney in the Pretrial Diversion Program Tab) to the PDC in person or via at pretrialdiversion@cherokeega.com within ninety days of the arrest to determine eligibility and acceptance. b) The PDC shall obtain the file from the ADA originally assigned to handle the case and shall review the case for eligibility and acceptance within five (5) days of receipt of the application packet from the defendant or defendant s attorney. c) The PDC shall contact the lead law enforcement officer and any victim(s) associated with that case to inform them that the case is being considered for the BRJCPDP and shall notate the opinions of law enforcement and the victim(s) in Tracker. d) Upon review of the PDC, if the case is accepted into the BRJCPDP, the PDC shall notify the originally assigned ADA via and make a notation in Tracker. If the case is not accepted into the BRJCPDP, the PDC shall inform the defendant and/or defendant s attorney in writing of this decision, make a notation in Tracker, and return the case file to the original ADA for prosecution in the criminal justice system. e) If the case is accepted into the BRJCPDP, the PDC shall send an acceptance letter to the defendant and to the defendant s attorney, if the defendant has an attorney. f) The participant and his/her attorney shall attend the Participant Orientation on the second Tuesday of the month after acceptance into the BRJCPDP to complete the Participant Orientation and complete all necessary enrollment paperwork, including but not be limited to: BRJCPDP Participant Contract, Waiver of Fourth Amendment Rights, Waiver of Jury Trial, Consent to Obtain Criminal History, Cherokee County Drug Screening Lab contract, and any medical releases necessary for supervision. (1) Upon the acceptance of a case that has been indicted or accused, the participant shall, in addition to meeting with the PDC, appear in court to execute a Waiver of Jury Trial and Consent to Dead Docket.