Pretrial Diversion Programs

Connecticut Statutes provide a number of pretrial diversion programs for those accused of certain crimes. The premise of the statutes providing for these programs is the recognition that in many instances those accused of certain crimes deserve a "second chance" (or, in some instances, even a third or fourth chance). The goal of these programs is rehabilitation, not punishment. As a general proposition the end result of successful participation in the programs is that the charges are dismissed and ultimately erased and the individual charged can emerge without a criminal record. Set forth below is a brief description of the various programs available.

Youthful Offender

Qualifications:

• Individual must be 16 or 17 years of age
• Not charged with a Class A Felony or certain sexual offenses
• No previous felony conviction
• No prior participation in the program
• No prior participation in the Accelerated Rehabilitation Program

General Provision

• Upon application the Court file is sealed and the individual referred for examination for physical or mental examination by the Court Support Services Division. If granted, the individual waives his or her right to a jury trial and may be tried to the Court. Upon conviction the individuals subject to the penalties called for in the crime charged. However, the file remains sealed and, upon successful completion of the program or sentence, the records are erased upon the individuals attaining the age of 21 years. The records are thereafter erased. Any individual convicted under this provision will be considered not to have been convicted of a crime but rather a "status" offense. Thus, the individual remains free of a "criminal record".
   
• There is no fee for this program.
   

Accelerated Rehabilitation

Qualifications:

• An individual not charged with an A or B felony or certain motor vehicle offenses or sexual offenses; motor vehicle crimes resulting in death; family violence crimes; having previously used the Pre-trial Violence Education Program; or eligible for or having used the Pre-trial Drug Education Program.
   
• The individual has not been adjudicated a Youthful Offender within the preceding five years.
   
• Good cause is shown for any crime charged upon a Class C felony.
   
• The individual has no prior record of conviction of a crime or Driving Under the Influence or Driving Under Suspension or Negligent Homicide with a Motor Vehicle.
   

General Provisions:

• Program requires an application submitted to the Court under oath attesting to eligibility under the qualifications set forth above. The applicant agrees to give notice to the victim who shall have the right to appear and be heard at the time the application is acted upon. The applicant further agrees that any evidence obtained by the police may be order returned to the rightful owner prior to the disposition of the case and stipulates to the use of secondary evidence with respect to those items. If granted, the Court is authorized to place the individual on probation for a period of up to two years. The application is screened by the Court Support Services Division. If successfully completed, the charges are dismissed and their record is ultimately erased, allowing the participant to testify under oath that he or she has never been convicted of a crime.
   

Fees:

• There is an initial application fee of $35.00. If the program is granted a $100.00 fee is required or $425.00 if the applicant is required to participate in a Hate Crime Subversion Program.
   

Pre-Trial School Prevention Program

Qualifications:

• Applicant was a student of a public or private secondary school on the date of the offense.
   
• Charged with offense involving the use of violence or threatened use of violence in or around the property of the school or at a school sponsored activity.
   

General Provisions:

• The applicant is placed under oath and states that he or she has never participated in the Pre-Trial School Violence Prevention Program before nor has been convicted of any offense involving the use or threatened use of violence in or around the property of a school or any offense, the essential elements of which are substantially the same as the offense charged; and does not possess any firearms or dangerous weapons or controlled substances. 
   
• Upon application the files are sealed and the application forwarded to the Court Support Services Division for termination of eligibility.
   
• If granted, the Court Support Services Division places the applicant in a school violence prevention program for a period of one year. If successfully completed, the charges are dismissed and the file is ultimately erased.
   

Fees

• A fee of $300 is required for participation in the program.
   

Pre-Trial Family Violence Education Program

Qualifications

• Charge of violence, generally meaning an incident resulting in physical harm, bodily injury or assault or an act of threatened violence to a family or household member, including spouses, former spouses, individuals who have a child in common regardless of marriage as well as person in or who have been in a dating relationship.
   
• No prior conviction of family violence crime.
   
• No prior participation in the Family Violence Education Program.
   
• No prior use of the Accelerated Rehabilitation Program for a family violence crime.
   
• The applicant is not charged with an A, B or C felony or a C felony unless good cause is shown.
   

General Provisions

• The application is submitted under oath swearing to the qualifications set forth above. The Court, upon application, refers the matter for a determination of eligibility. Notice is given to the victim or victims providing them an opportunity to be heard.
   
• An individual placed on the Family Violence Education Program agrees to a statute of limitations and waiver of right to a speedy trial. If granted, the applicant is released to the custody of the family violence intervention unit for a period not to exceed two years under the conditions that is ordered by the Court.
   
• Successful completion of the program results in a dismissal of the charges.
   

Fees

• A fee of $200.00 is required.
   

DRUG OFFENSES

The three separate programs available to those charged with drug offenses.

Drug Education Program

Qualifications:

• Applicant is charged with a possession offense.
   
• Agrees to the tolling of the statue of limitations and waive the right to a speedy trial.
   
• Applicant agrees to submit to conditions established by the Department of Mental Health and Addiction Services, including participation in educational meetings and four days of community service.
   
• No prior participation in the Community Service Labor Program.
   

General Provisions

• The application is submitted under oath and the file is sealed. The applicant is referred to the Court Support Services Division for assessment and confirmation of eligibility and the file is sealed. If granted the applicant is referred to the Court Support Services Division which, in coordination with the Department of Mental Health and Addiction Services, ranges in a program of educational sessions as well as four days of community service. The program generally lasts for a year. Successful completion results in the dismissal of all charges and ultimately, erasure of records allowing the participant to swear under oath that he has not been arrested in connection with this matter.
   

Fees

• The fees for this program are $350.00.
   

Community Service Labor Program

Qualifications:

• The individual is charged with possession offense.
   
• No prior participation in the Community Service Labor Program if seeking suspended prosecution.
   
• If prior participation, the individual may pled guilty in exchange for a suspended sentence, conditions upon participation in the program.
   
• The individual must not have participated twice previously in the program.
   

General Provisions

• The applicant, if accepted, participates in a Community Service Labor Program as well as the Drug Education Program. Successful completion of the program for those who have not previously participated results in a dismissal of the charges and erasure of records. A minimum of 14 days of community service labor is required for a first violation and thirty days of community service labor for a second violation, which involves a plea of guilty and conviction.
   

Fees

• A fee of $205.00 is required.
   

Suspension of Prosecution for Drug Dependent or Alcohol Dependent Persons

Qualifications:

• Not limited to drug offenses.
   
• Good cause must be found for those charged with an A, B or C felony.
   
• Person was not ordered twice previously treated.
   
• An applicant must agree to a waiver of the statute of limitations for any period of suspension as well as the right to a speedy trial.
   
• Applicant must be found alcohol or drug dependent at the time of the crime.
   
• Notice must be provided to the victim.
   

General Provisions

• The applicant submits to an examination to determine alcohol or drug dependence. If granted, prosecution may be suspended for a period not to exceed two years. During the two years the applicant is placed in the custody of the Court Services Division Retreatment and can be required to submit to periodic testing. The successful completion of the program can result in a dismissal of the charges.
   

Fees

• A $25.00 administration fee is required.
   

Suspension of Prosecution for Those Charged with the Purchase, Sale, Delivery or Transfer of Pistol or Revolver

Qualifications:

• No prior conviction of that specific statute.
   
• No prior suspension of prosecution for a violation of that statute.
   
• Agreement to tolling of any statute of limitations and waiver of right to a speedy trial.
   

Provisions:

• Upon application the Court must determine that the violation is not of a serious nature and that the defendant will probably not offend in the future and has not previously been convicted of a violation of the specific statute nor has he or she received a suspension of prosecution of that specific statute. If granted, the prosecution is suspended and the case can be continued for a period of not more than two years. Successful prosecution results in a dismissal of the charges.
   

If you or your loved one is charged with a crime and you believe you may qualify for a diversionary program, contact us.