NCJ Number
153614
Journal
Federal Probation Volume: 58 Issue: 4 Dated: (December 1994) Pages: 20-30
Date Published
1994
Length
11 pages
Annotation
This article examines drunk-driving diversion programs in Oregon and Monroe County, New York, and suggests how a diversion program for drunk drivers could be established in California.
Abstract
California defines pretrial diversion as "the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication." Pretrial diversion benefits both the system and the defendant. Not only does pretrial diversion help alleviate crowded court calendars and clear jail space, but it also provides defendants an incentive to stay away from criminal activity during diversion and to change their behavior. California has statutes that specify pretrial diversion programs in the areas of drug abuse, domestic violence, child abuse or sexual molestation, and bad checks, as well as for defendants who are retarded, traffic violators, and physically abusive parents. Currently, there are no pretrial diversion programs for those charged with drunk driving. Drunk-driving diversion programs in Oregon and Monroe County, N.Y., have characteristics that could be used in a similar California program. The defendant signs an agreement that involves compliance with the terms of the program; defendants are evaluated to determine treatment needs; defendants are carefully monitored; the program is paid for by the defendant; the defendant is not released until authorities determine the program has been sufficiently completed; and defendants who do not complete the program face a conviction. 140 notes