Sec. 301. Federal pretrial diversion
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/bill/117/hr/7394/ih/section-301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 201 of title 18, United States Code, is amended by adding the following new section at the end: The following terms apply in this section: The term criminal case means a Federal criminal offense or Federal juvenile adjudication where a criminal complaint, information or indictment has been filed, or where a criminal complaint, information or indictment has not been filed and the Government has a reasonable belief that a prosecutable Federal offense may be filed. The term divertee means an adult or juvenile who is accepted to participate in a pretrial diversion program.
The term pretrial diversion means an alternative to criminal prosecution that diverts a defendant or juvenile away from the traditional criminal justice process into a recidivism reduction plan, and which results in a diversionary disposition to a divertee who successfully completes such recidivism reduction plan. The term diversionary disposition means the termination of a criminal case that results in— the Government not filing a criminal complaint, information, indictment or charge in a criminal case; dismissal of a criminal complaint, indictment, information or charge against a divertee; or a conviction and imposition of a sentence, or a juvenile adjudication and disposition, that does not include a term of incarceration, imprisonment or official detention.
The term recidivism reduction plan means a plan, ordered to be completed by the Court, and that the divertee agrees to complete in exchange for a diversionary disposition which— shall include supervision, at a frequency and level to be determined by the Court; and may include classes, treatment, programs, assistance, requirements, restrictions, or other conditions that are gender-responsive, and are tailored specifically to the needs of the divertee, which shall include partnerships with nonprofit community-based organizations, and shall include— assistance with seeking, obtaining, and maintaining employment; placement in job placement programs that partner with private employers; job skills classes, including computer skills, technical skills, vocational skills, and any other job-related skills; assistance with locating and maintaining housing, including family-accessible housing, which may include counseling as to public housing opportunities, assistance with applications for public housing benefits, and locating and/or securing temporary or long-term housing; obtaining an identification card or driver’s license; registering to vote, and applying for voting rights to be restored, where permitted by law; assistance with, and requirements to apply for and remain in education programs, including assistance with applications for higher education loans and program admission; financial counseling; referrals for legal assistance to pursue record expungement, family law and custody matters, legal aid services, and relevant civil matters including housing and other issues; assistance with obtaining transportation, including through provision of transit fare; familial counseling and parenting classes; problem-solving and life-skills assistance or classes; assistance with communication needs, including providing a mobile phone, mobile phone service or access, or internet access; assistance with applications for State or Federal Government benefits, where eligible; mentorship, including through programs that facilitate such services by formerly incarcerated or convicted individuals; physical and emotional trauma-informed treatment, counseling, and therapy; medical and or mental health services, and cognitive-behavioral programming; substance use treatment and testing, including family-based residential drug treatment; reactivation, application for and maintaining professional or other licenses; payment of restitution, where appropriate; restorative justice-based requirements; and any other needs-based assistance or requirement designed to reduce recidivism.
The term restorative justice means a creative solution that focuses on repairing the harm caused by crime and reducing future harm through crime prevention, and which requires justice-involved individuals to take responsibility for their actions, seeks redress for victims, and the healing and reintegration of both within the community. Upon application by a defendant, the Government, United States Probation and Pretrial Services, or sua sponte by the Court, a United States Court with jurisdiction over a criminal case may divert such case into a pretrial diversion program under this section at any time prior to imposition of a sentence or disposition.
Participation in the program requires— voluntary agreement to participate by the divertee, after being presented with the Court’s proposed pretrial diversion order as required under subsection (e); a signed waiver by the divertee that waives the right to a speedy trial for as much time as is needed for participation in the diversionary program as determined by the Court, and waiver of presentment of the case within the statute of limitations, if necessary, as determined by the Court; and that the divertee be afforded the advice of counsel, and if the divertee cannot afford counsel, that counsel be appointed at no cost to the divertee.
Upon the application for pretrial diversion of a criminal case, the applicant shall be referred to either the Chief Pretrial Services Officer or the Chief Probation Officer for a report, that shall include— the applicant’s criminal history, background and characteristics, and the facts surrounding an applicant’s criminal case; a recommendation to the Court whether a pretrial diversion program is appropriate for the applicant; and a needs-based assessment of the applicant, and a recommendation for a recidivism reduction plan tailored to the needs of the applicant, whether or not a pretrial diversion program is recommended.
Upon review of the report described in subsection (e), and any argument, testimony and evidence presented by the Government and the applicant, the Court shall enter an order approving or denying the application of pretrial diversion, such an order shall include— in the case of an order denying the application of pretrial diversion, a statement of reasons for such denial; and in the case of an order granting the application of pretrial diversion— the date that the pretrial diversion period begins, and date, whereby, if successful completion is determined by the Court, a diversionary disposition may be entered; the recidivism reduction plan which must be successfully completed by the divertee in order to receive a diversionary disposition; the type of diversionary disposition that the divertee will receive if the divertee successfully completes the recidivism reduction plan, including opportunities for record expungement, which shall include the approval of the Government where required by law; and the alternative disposition of the criminal case if the Court determines the divertee has not successfully completed the recidivism reduction plan.
A divertee is entitled to a hearing before the divertee’s pretrial diversion may be terminated. Upon breach of a condition of the recidivism reduction plan by the divertee, the U.S. Probation and Pretrial Services Office may so inform the Court, who shall determine whether such breach should warrant termination of diversion. If the Court determines that a divertee has successfully completed a recidivism reduction program as provided in the terms of the pretrial diversion order, the Court shall enter a diversionary disposition order, as follows:
Upon approval of the Government, a criminal complaint, information, indictment or charge in a criminal case shall not be filed, and the Court shall order proceedings terminated. Upon approval of the Government, dismissal of a criminal complaint, information, indictment or charge against a divertee shall be ordered and proceedings terminated. In the case of a divertee who has agreed to plead guilty to a criminal offense, a judgment of conviction and imposition of a sentence, or a juvenile adjudication shall be ordered, and notwithstanding any mandatory term of imprisonment provided for by law, the Court may order no term of incarceration.
The Court is authorized to permit withdrawal of a guilty plea under this subsection. All information obtained in the course of making the decision to divert a justice-involved individual and all information obtained by treatment providers, class instructors, and other required program providers in the course of completing a recidivism reduction plan shall not be used against the divertee in criminal proceedings or at sentencing, except that in the case of a recommendation for termination of diversion, information regarding the divertee’s participation in such program may be used for purposes of termination proceedings.
Where authorized by law, pretrial diversion program acceptance shall be prioritized in criminal cases where an applicant demonstrates a history of physical or emotional trauma, sexual or physical abuse, substance abuse, mental illness, or vulnerable circumstances such as pregnancy, disability, homelessness, physical health challenges, or the immediate familial economic needs of an applicant. . The table of contents of chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3015.
Federal pretrial diversion .