What
is the Pre-trial Intervention Program?
The pre-trial Intervention Program
is a diversion program, which is offered to certain offenders
who qualify for participation as an alternative to prosecution.
Participants receive coordinated assistance in educational and
vocational referrals, personal and group counseling, and referrals
to other community agencies appropriate to their needs.
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What
is the Purpose of the Program?
The program is designed to meet
the needs of certain nonviolent offenders in an attempt to deter
their future criminal or disorderly behavior, to minimize loss
to victims of these crimes through payment of restitution by the
offender, to serve the courts by reducing the number of less serious
cases, permitting more time for the more serious crimes, and to
protect the community by closely supervising the accused following
arrest until final disposition of the case.
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Who is
eligible for Participation?
To be eligible for participation
in the Pre-trial Intervention Program, an individual may need
to meet the following criteria:
- Limited to nonviolent crimes
- Offenders between the ages of 17 and 25
(may be waived in certain cases)
- Restitution when required
- Drug related -- drug testing and/or counseling
- No continuing pattern of criminal behavior
- The individual must acknowledge his/her
wrongdoing
- The individual must show a good faith willingness
to participate in the program
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How are Participants Selected?
Offenders meeting the criteria are
referred to the program following a review of the pending charges
by an Assistant District Attorney. After an inquiry is made of
the offender's prior criminal record and the victim is contacted,
a letter is sent to the offender requesting that an appointment
be scheduled. At this appointment the offender is interviewed
and given an overview of the program. The offender then makes
a decision to participate in the program or go to court. The final
decision as to the acceptability of an offender for the program
is made by the Pre-trial Intervention Program director. In order
to help defray additional expenses in the application of the program
services a supervision fee is required each month that the offender
participates.
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What
Happens in the Program?
Each participant will meet with
the director monthly for individual meetings. Some participants
may also be required to attend group meetings upon recommendations
of the director. One goal of counseling will be to help the participant
gain an awareness of the legal and social consequences of criminal
behavior. The director will also assist the participant in any
other problem areas. Referrals will be made to community agencies,
which can provide services relative to the participant's needs.
Also, community service with a minimum of 48 hours may be required
at a non-profit organization.
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Is Participation
Mandatory, and, if not, then What are the Advantages to a Defendant
in Choosing to Participate?
Because the presumption of
innocence applies to the period between arrest and trial, program
participation is completely voluntary and the right not to participate
is explained to all potential participants. The advantages to
participation are:
- Offers the defendant an opportunity for self-development
and to gain an awareness of the consequences of future criminal
behavior
- To avoid additional costs as related to
further criminal prosecution.
- To avoid possible criminal conviction and
incarceration and/or fine
Allows a person to remain in the community with limited disruption
to family life and employment
- Successful completion results in the charge
being "Dead Filed" (no further action is taken on
the case)
- On certain charges the participant who completes
the program satisfactorily may request to petition the court
for expungement of the arrest record. This can be done through
private attorney.
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How Long Does a Participant remain in
the Program?
Active participation may last six
to twelve months. The exact duration of participation will depend
upon the seriousness of the offense, the attitude of the participant
and how well the participant has met the goals of the program
as determined by the director.
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What
is Required of a Participant in Order to Complete the Program
successfully?
Participants must attend all sessions
and keep all other appointments that are mutually agreed upon
by the participant and director. All participants must be employed
or enrolled in school before they can be recommended for satisfactory
termination. Restitution, if required, must be paid in full before
program completion. A subsequent arrest or violation of program
rules will result in the participant's case being returned to
the prosecution section of the district Attorney's Office for
prosecution.
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What
Happens when a Participant Completes the Program?
When a participant completes the
program satisfactorily, the pending charge is "Dead Filed",
conditioned upon the participant complying with the requirements
of the Pre-trial Intervention Program.
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Does
the Program Provide any Special Services?
Participants who are college students
may, in certain cases, be referred to the university they are
attending for supervision and counseling services. The program
also has reciprocal agreements with other diversion programs and
community agencies in other areas.
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Who do I
Contact?
District Attorney's Pre-trial Intervention Program
Courthouse Building
Room 203-A
P.O. Box 639
Amite, LA 70422
(985) 748-7890
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