NCJ Number
58572
Date Published
1978
Length
15 pages
Annotation
PRETRIAL INTERVENTION (PTI), DIVERTS SELECTED FIRST-TIME OFFENDERS (3RD DEGREE FELONS AND CIRCUIT COURT MISDEMEANORS) FROM THE MAINSTREAM OF THE CRIMINAL JUSTICE SYSTEM IN FLORIDA.
Abstract
BY AUTHORITY OF FLORIDA STATUTES 944.025 AND 944.026 (2)(B), THE DEPARTMENT OF CORRECTIONS IS AUTHORIZED TO SUPERVISE OR CONTRACT FOR PRETRIAL INTERVENTION PROGRAMS. PTI GIVES THE OFFENDER A SECOND CHANCE TO LIVE AS A RESPONSIBLE CITIZEN WITHOUT THE STIGMA THAT FOLLOWS CONVICTION. THE GOALS OF PTI ARE ACCOMPLISHED WITHOUT ANY LOSS OF SOCIETY'S RIGHTS TO PROSECUTION. SELECTED FIRST OFFENDERS ARE DIVERTED FROM TRADITIONAL COURT PROCESSING TO AN IMMEDIATE CONTROLLED SUPERVISORY PRETRIAL INTERVENTION PROGRAM. THE OBJECTIVES ARE TO REDUCE THE WORKLOAD IN THE COURT SYSTEM, PROVIDE A SPECIALLY TAILORED TREATMENT PROGRAM FOR THE ACCUSED, AND TO PROVIDE A MEANS FOR THE VICTIM TO RECOVER RESTITUTION. ELIGIBILITY CRITERIA ARE CLEARLY ESTABLISHED BY EACH CIRCUIT WHERE THE DEPARTMENT IS OPERATING A PROGRAM; CONSENT OF THE COURT AND THE VICTIM ARE REQUIRED. EXTENSIVE SCREENING PROCEDURES ARE EMPLOYED, INCLUDING CONSIDERATION OF THE AFFIDAVIT FROM THE ARRESTING OFFICER, THE JUDGE'S RECOMMENDATION, INITIAL APPEARANCE AND THE STATE'S ATTORNEY'S RECOMMENDATION. PRELIMINARY AND BACKGROUND INVESTIGATIONS ARE CONDUCTED, AND A PLAN FOR SUPERVISION OF EACH CASE IS PREPARED. IN ADDITION, A DEFERRED PROSECUTION AGREEMENT CONTRACT IS WRITTEN, PROVIDING FOR A SPEEDY TRIAL WAIVER, A SPECIFIC TREATMENT PLAN, AND AN AGREEMENT WITH THE ACCUSED TO FULFILL BASIC PROGRAM REQUIREMENTS. THE ACCUSED IS ENTITLED TO COUNSEL. DISPOSITION OF THE CASE IS RECORDED, AND SENT TO THE FLORIDA CRIME INFORMATION CENTER. SUPERVISION OF CASES BEGINS AT THE TIME THE STATE'S ATTORNEY AND THE DEFENDANT SIGN THE DEFERRED PROSECUTION AGREEMENT CONTRACT AND IS REVIEWED AT 90-DAY INTERVALS; CONTRACTS MAY BE ACCELERATED WHEN DEEMED APPROPRIATE. REHABILITATION INVOLVES USE OF COMMUNITY RESOURCES SUCH AS VOCATIONAL TRAINING, TESTING, COUNSELING, AND EMPLOYMENT SERVICES. AT THE END OF EACH 90-DAY PERIOD, THE PTI OFFICER CAN RECOMMEND A 90-DAY CONTINUANCE, PROGRAM COMPLETION, TERMINATION OF SUPERVISION, DISMISSAL OF THE CHARGES, OR RETURN FOR PROSECUTION.