Pretrial Diversion:

Pretrial diversion is an administrative procedure of the Department of Justice that provides an alternative to prosecution for selected individuals. The U.S. attorney may divert individuals, in accordance with Department of Justice eligibility guidelines, to the pretrial diversion program.

Title 18 U.S.C. Section 3154 (10) provides that, "To the extent provided for in an agreement between the Chief Pretrial Services Officer in districts in which pretrial services are established under Section 3152 (b) of this Title, or the Chief Probation Officer in all other districts and the United States Attorney, to collect, verify and prepare reports for the United States Attorney's Office of information pertaining to the pretrial diversion of any individual who is or may be charged with an offense, and perform such other duties as may be required under any such agreement."

In accordance with the Pretrial Services Act (18 U.S.C. Section 3154 (10)), on July 11, 1989, the United States Attorney and the Chief United States Pretrial Services Officer signed an operations agreement that established the Pretrial Diversion Program in the Eastern District of Virginia.

Assistant United States Attorneys and special assistants identify appropriate candidates, and refer the person to the pretrial services office for an investigation and report. If the candidate is found suitable, the person is placed on diversion for a period not to exceed 18 months. The diversion agreement may require the person to perform special tasks such as community service, pay restitution, sign a promissory note, and/or participate in mental health or substance abuse treatment.