Travis County Felony Pretrial Diversion Program

Felony pretrial diversion will be used sparingly in Travis County for a group of offenders that meet certain eligibility criteria.  Through this program an offender is given a chance to avoid prosecution for an offense through successful completion of a period during which there are no new arrests, and all requirements of the term are completed.  Requirements may include attending counseling, making restitution, performing community service restitution and any other condition deemed appropriate by the Travis County District Attorney's Office.

Admission into the program rests in the sole control of the Travis County District Attorney's Office.  Once the term is successfully completed, the offender may apply for an expunction of the arrest record and the Travis County District attorney's Office will not contest the expunction.  However, the Travis county District Attorney's Office cannot bind the Texas Department of Public Safety to this agreement.

ELIGIBILITY CRITERIA

The Travis County District Attorney's Office will only consider an application by an offender charged with a Third Degree or State Jail Felony non-violent offense.  The defendant must be a first time offender.  This includes juvenile offenses and all misdemeanors.  Any conviction or adjudication for any offense, other than minor traffic offenses, will disqualify an offender from the program.  If the offender has pleaded to any crime to a deferred adjudication or participated in a diversion program, they are not eligible for this diversion program.  Defendant cannot have substance abuse issues or other conditions that should be monitored in a formal probation environment, or Travis County Drug Court.

A list of qualified offense includes the following:

POCS

Criminal Mischief

Graffiti

Theft

Theft of Service

UUMV

Forgery

Credit/Debit Card Abuse

False Statement to Obtain Property

Hindering Secured creditors

Securing Execution of Document by Deception

Fraudulent Use/Possession of Identifying Information

Obstruction

Gift to Public Servant

Tampering with or Fabricating Evidence

Tampering with Governmental Record

Hindering Apprehension or Prosecution

Evading Arrest or Detention

APPLICATION PROCEDURE

An offender that believes they meet the eligibility criteria must request the case be screened for acceptance by the Chief of the Court where the cause is pending or by the Chief of Intake if the cause is unindicted.

If the criteria are met the case will be referred to the screening committee to consider the offender for admission into the program.  If the offense charged is a drug offense, or if the screening attorney deems it appropriate, the offender will be required to submit to an evaluation by Court Administration prior to applying for the program.

An offender that meets the eligibility criteria must submit a sworn written application for pretrial diversion.  if applicable, the drug evaluation must accompany the application.  The applicant may also submit a resume, school transcripts, work history, character letters, and any other relevant information.  The screening committee may require a personal interview of the applicant.  The screening committee will review the application and decide whether to allow the offender into the Travis County District Attorney's Pretrial Diversion Program.

PRETRIAL DIVERSION AGREEMENT

If the offender is accepted into the program, the offender will enter into a written agreement setting out the terms and conditions of the program. The offender must also sign a plea form pleading guilty to the offense and waiving certain constitutional and statutory rights. The terms and conditions will include a specific term of supervision, an agreement to plead guilty at a revocation proceeding, an agreement not to receive credit for fees or community service performed while in the diversion program if revoked and other conditions as recommended by the Travis County District Attorneys Office.

PRETRIAL DIVERSION PROGRAM RULES

Once an offender has been accepted into the Travis County Pretrial Diversion Program, the case will be transferred to the 167^{th Judicial District Court of Travis County, Texas for supervision. The offender’s attorney must work with the appropriate court coordinator to obtain a case transfer order and obtain a setting. Once transferred, the case will remain permanently in the 167th District Court regardless of whether the offender successfully completes the program or is ultimately prosecuted.}

The offender will be expected to pay a $60 monthly supervision fee. Indigent offenders, as determined by the judge, will pay on a sliding scale. The offender will also be required to pay for any drug and alcohol counseling, anger management classes, required urinalysis or other programs detailed in the agreement or ordered by the Court.

Restitution and fees will be paid through the Travis County Adult Probation Department. The 167th District Court Probation Officer will monitor the assigned offenders and verify the requirements of the program are met. He may investigate any potential violations and he may perform a random urinalysis on the offender when requested by the Judge or the Travis County District Attorneys Office.

The maximum term of pretrial diversion is two years.

REVOCATION