The Pretrial Diversion Program has been established by the Prosecutor’s Office. This program is for people who have had little or no criminal background and who are charged with committing various misdemeanor offenses. If you are offered and accepted into the Diversion Program, your case will be dismissed after a period of one year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled.

Office hours are 8:00-4:30 Monday through Friday. The Diversion Office is located within the Prosecutor's Office in the Hamilton County Government Center. All appointments must be scheduled. If you are in the building and need some questions answered, we will attempt to answer any questions that you may have if time is available.

Lisa Pacior
Diversion Coordinator/ Probation Officer

Lisa.Pacior@hamiltoncounty.in.gov

 

Who is eligible?
Generally, the defendant must not have had any previous criminal background. Eligibility for the program is determined by the deputy prosecutor assigned to the case. Eligibility is also determined on a case-by-case basis. Therefore, not all people charged with the same crime may be found eligible. All previous charges, diversions, arrests, and convictions must be reported (regardless of the outcome of the case). Failure to do so will result in your case being either considered ineligible or being immediately terminated from diversion.

How do I find out if I am eligible?
If you wish to seek entry into the Diversion Program, you should have your attorney contact the Prosecutor’s Office at (317) 776-8595. It is important to note that the deputy prosecutor assigned to the case can not speak to the defendant or to the defendant’s family members. Therefore, only your defense attorney should contact their office.

On some occasions (ie- night court), you may be offered Diversion without utilizing the services of a defense attorney. You should attend your court date and you will be notified by court personnel if you have been considered for Diversion.

Charges that are sometimes offered Diversion include: Illegal Consumption of Alcohol, Illegal Possession of Alcohol, Illegal Transportation of Alcohol, Domestic Battery, Battery, Reckless Driving, Conversion, and Check Deception. Other misdemeanor charges may be offered Diversion at the discretion of the prosecutor.

What are the general conditions of diversion?
Generally, all cases that are diverted will be pending for one year. During that term, the defendant must:

1) Pay the $318.50 fee (for courts costs and user’s fees) ($244.50 for driving while suspended) due at the signing of the Agreement. This must be done by cash, money order, or cashier’s check and there are no extensions or payment plans.
2) Agree to obey all local, state, and federal laws. Also, agree not to be arrested or commit any criminal offense.
3) Agree to complete the special conditions of the Agreement (ie- counseling).
4) Waive your right to have a trial within one year of the date that the case was filed.
5) Agree to support his/her dependents and meet family responsibilities.
6) Agree to be gainfully employed or maintain a full-time course of study.
7) Agree to report to the Prosecutor's Office as directed.
8) Agree to truthfully answer all reasonable inquires posed by the Hamilton County Prosecutor's Office, Diversion Coordinator, or agent.
9) Agree to report any contact with law enforcement within twenty-four hours.
10) Report any change of address or telephone number within seven days.
11) Provide immediately (if in person) or report within one hour to the Hamilton County Probation Department or other designated facility for a breathalyser, chemical test, or urine screen to determine if any alcohol or intoxicant (if restricted) or controlled substance has been ingested. Also, these tests can be done to see if the Defendant has been in the presence of any controlled substance. The Defendant agrees to pay any related fees in full and allow access and entrance at their residence by the Diversion Coordinator (or other designate) for purposes of enforcing this condition.
12) Acknowledge that failure to comply with the terms and requirements of this Agreement will result with the Prosecuting Attorney proceeding with this matter. Failure to comply also will result in forfeiture of any payment made to the Hamilton County Pretrial Diversion Program.
13) Acknowledge that by signing the Agreement that the Defendant is admitting the truthfulness of the charges against him/her and is acknowledging that such admission may be used against him/her if there is a resumption of the prosecution of these charges by reason of termination from the Pretrial Diversion Program.

A copy of the Diversion Agreement can be viewed by clicking on this link.

In addition, there are special requirements for specific charges. Examples include (but are not limited to): alcohol and substance abuse counseling for drug and alcohol charges, anger management counseling for battery, domestic battery, intimidation, and invasion of privacy charges, and financial counseling for charges involving conversion or check deception.

Any offense that is alcohol-related (as determined by the Prosecutor and the Diversion Coordinator) will be under a no-alcohol restriction, regardless of age. The defendant will not be allowed to consume, possess, or transport any alcoholic beverage or liquor. The defendant will not be allowed to enter any bar or liquor store where alcoholic beverages are sold or consumed or that you must be at least twenty-one years of age to enter. Also, the defendant shall not transport, possess, consume, or be in the presence or any controlled substance (illegal drug) unless prescribed by a licensed physician. This restriction is in effect for the entire term of the Diversion Agreement.

Also, community service is usually a requirement for all charges. If the defendant lives in Hamilton County, we will arrange the community service site. If the defendant lives outside of Hamilton County, the Defendant will be responsible for setting up the community service.

How do I set up community service?
All community service is subject to approval from the Diversion Coordinator. The community service must be done at a non-profit agency. To verify the community service, the site supervisor must write a letter on agency letterhead stating the defendant’s name, the dates and times that community service was performed, a general overview of what type of work the defendant performed, and a signature and phone number for verification purposes. It is strongly recommended that you ask the Diversion Coordinator to approve the site that you wish to do community service at before you start.

Community service done for a class, already being performed (ie- if you already volunteer at the site), or done before the diversion agreement is in effect WILL NOT COUNT. You must be doing this community service for the Diversion Program only. In addition, relatives and friends are not allowed to be connected with the community service site.

Some good agencies to do community service with include: Goodwill, The Salvation Army, The Humane Society, Police Department, Fire Department, or any United Way agency.

COUNSELING

How do I set up the substance abuse evaluation and counseling? The evaluation must be completed by a certified drug/ alcohol counselor.  Upon signing the Diversion agreement the defendant will be referred to a counseling agency in his/her area. If you live outside of Hamilton County and would like to initiate this process you can locate a counseling agency in your area. This can be done by looking in the yellow pages under "substance abuse" or "mental health" agencies.  You can also  call you local Probation Department or hospital and ask them to refer you to an agency. For students attending college your local health center may offer a sufficient program.  All counseling is subject to the approval of the Diversion Coordinator.  Counseling  and community service requirements for other charges: Battery, Invasion of Privacy, and Intimidation offenses are all required to attend anger management counseling. You must first undergo an evaluation and then attend a minimum of twelve sessions. If the counselor recommends more than twelve sessions, you are required to follow their recommendation. You also must successfully complete counseling and pay any related fees with the counseling agency. Counseling reports should be sent monthly to the Diversion Coordinator. You can click on this link to see a list of Anger Control Counselors in the Hamilton County area.  These offense also require completion of forty (40) hours of community service. Domestic Battery offenses require completion of a specified Domestic Battery/Batter counseling program.  This program is typically seventy-two (72) hours long and must be completed within the twelve (12) month term of Diversion.  You must pay any related fees which are typically $30 - $50.00 a week.  Financial assistance may be available to those who qualify.  Counseling reports should be sent to the Diversion Coordinator monthly.  You will be referred to a program in your area upon meeting with the Diversion Coordinator.  Due to the commitment this program entails, community service for this offense has been reduced to ten (10) hours, to be completed within the first six (6) months of the term.  You can click on this link to see a list of Counseling Agencies. Conversion offenses are required to attend the NCTI Conversion Class offered by 46th Street Counseling in Indianapolis, IN. You can contact this office at (317) 299-1851, ext. 4 to schedule this class. This class costs $80.00 and must be paid by money order prior to the class. You must successfully pass this one-day, eight-hour class. Forty (40) hours of community service is also required. Check deception offenses are required to complete the "Credit When Credit is Due" workbook through Consumer Credit Counseling Services of Central Indiana. You can schedule this class by calling (317) 266-1300, ext. 3013. This class costs $75.00 and must be paid by money order or cashier’s check before the workbook is issued. This class must be passed successfully.  Forty (40) hours of community service is also required. Reckless Driving offenses are required to attend Defensive Driving. This class is provided by Jack N. Worland and John Pickney, Professional Driver Improvement Courses, Inc. A training agency of the National Safety Council and can be scheduled by calling (866) 426-4184.  Forty (40) hours of  community service is also required. Other counseling may be required for certain offenses or situations and will be required on a case-by-case basis. You will be made aware of the specific requirements before signing the diversion agreement.