Diversion Programs Explained

What is a Diversion Program?

Individuals who are accused of violating laws but are willing to participate in a rehabilitation program have the opportunity to avoid trial and have their charges dismissed. However, they will face trial on the original charges if they fail to complete the program or violate its requirements. If they successfully complete the program, their record will be cleared of any charges. These programs are designed to help individuals receive the support they need and reduce the likelihood of reoffending.

CONNECTICUT DIVERSION PROGRAMS

In the state of Connecticut, there are eight pretrial diversionary programs, each with its own set of eligibility criteria and objectives.

According to the law, the court has the authority to determine whether a defendant who satisfies the program's requirements can participate while simultaneously suspending their prosecution. To participate, the defendant must relinquish their right to a speedy trial and agree to a tolling of the statute of limitations.

Typically, the court places participants under the supervision of the Court Support Services Division (CSSD) for a specific period of time, during which they must comply with specific conditions set by the court. CSSD is responsible for running some programs or contracting with private providers, while others require the involvement of the Department of Mental Health and Addiction Services (DMHAS) and other relevant agencies.

The following are Connecticut's pretrial diversion programs, as listed in the order they appear in the statutes:

Suspension of prosecution for individuals undergoing treatment for drug or alcohol dependence.
Suspension of prosecution for illegal sale, delivery, or transfer of firearms, including certain types of ammunition and magazines
Pretrial family violence education program
Accelerated Pretrial Rehabilitation
Pretrial Impaired Driving Intervention Program
Pretrial Drug Intervention and Community Service Program
Pretrial School Violence Prevention Program
Pretrial supervised diversionary program for people with psychiatric disabilities and certain veterans

CONNECTICUT COMMUNITY COURTS

In Hartford and Waterbury community courts, individuals who have committed misdemeanor or ordinance violations may be able to complete community service as an alternative to serving jail time, provided they plead guilty. This is in accordance with CGS § 51-181c. Additionally, there are other programs available that offer alternatives to imprisonment, such as counseling or treatment. These options can allow offenders to address the underlying issues that led to their offenses and ultimately avoid further involvement with the criminal justice system.

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FAQ

Who oversees these programs?

Generally, participants are supervised by the Court Support Services Division (CSSD) or the Department of Adult Probation.

How is eligibility determined?

The court determines eligibility based on specific program requirements. A background investigation concerning any prior convictions or program usage is conducted. Defendants must waive their right to a speedy trial and agree to a tolling of the statute of limitations.

How much do these programs cost?

Costs for the programs will vary. Application fees range from $35.00 to$150. Program fees can range from $100 to $500.00. Additional fees may apply for specific programs.

Are there options for fee waivers if someone can't afford the program costs?

If unable to pay, the court may waive some or all of the fees, based on the defendant's financial status. A waiver will require filing of a detailed financial affidavit.

What happens if someone fails to complete the program?

Under certain circumstances, despite failure to complete the program or a violation of its terms, you may be able to apply for reinstatement. In other instances, failure to complete will result in revocation of your program and recommencement of prosecution.

What other alternatives are available?

In addition to diversion programs, there are alternatives to conviction or incarceration such as court- approved or private counseling and treatment programs aimed at addressing underlying issues.

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