HB423 Summary

• District attorneys in any judicial circuit may establish discretionary pretrial diversion programs without requiring local legislation, with programs under sole control of the district attorney.

• Eligible offenses include drug offenses (excluding trafficking and first-degree manufacturing), property offenses, misdemeanors, and traffic/conservation offenses; excludes Class A felonies, offenses involving serious physical injury, violence against protected persons, death, and sex offenses involving forcible compulsion.

• Offenders entering the program must waive speedy trial and jury trial rights, admit responsibility for the offense, agree to program conditions, and pay application fees up to $900 for felonies and $750 for misdemeanors, with fees waivable for indigent applicants.

• District attorney may establish conditions including restitution, education, counseling, employment, community service, drug testing, supervision fees, and compliance with all laws; program fees deposited in District Attorney's Solicitor Fund for program administration.

• Office of Prosecution Services shall develop and maintain a statewide pretrial diversion offender database tracking successful program completions to assist district attorneys in future admittance decisions; districts with existing programs may opt into this act's provisions.