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- Misdemeanor/DUI charges only. Felony cases are supervised by the Department of Corrections.
- No prior sentence, conviction or dismissal for a similar charge, no more than one prior misdemeanor sentence for a dissimilar offense, no prior deferred prosecution/diversion programs, no prior juvenile programs, no prior felony sentences.
- Legal residence in the United States.
- Approval by the Office of the State Attorney.
- For DUIs: no prior alcohol-related driving offenses, regardless of disposition.
- You cannot refer yourself to Pretrial Diversion. Your attorney cannot refer you directly to Pretrial Diversion.
- You must be referred to Pretrial Diversion by the Office of the State Attorney.
- Only the Office of the State Attorney can approve your case for Pretrial Diversion. If you are approved for the program, you will be signing a contract with the State Attorney to complete the conditions described on the back of this page.
- You are not on the Pretrial Diversion program until the day you sign the contract with the State Attorney.
Special conditions in addition to those listed above are required. Additional costs for classes and evaluations are the responsibility of the PTD participant. Further conditions may be added at the discretion of the Office of the State Attorney, such as additional community service hours, or Advanced Driver Improvement classes for DUI cases, when the facts of the case warrant additional conditions.
Reference: CCD/PTD Form 35-228 (03/13)