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~----~-: ----......_ .----------.... ~ ........... <br />K/ttltas CoulJ'IYProsecotJng Anorney <br />! :):-,.------- <br />THE DIVERSION PROCESS: <br />The investigating law enforcement agency will complete its investigation as normal, but rather than issue the <br />offender a citation to be filed with the Court, all charges of MIP, POM and/or UODP (or combination <br />thereof) will be referred to the Prosecutor for charging . IF THE OFFENDER IS ALSO FACING <br />ADDITIONAL CRIMINAL CHARGES AS A RESULT OF THE CRIMINAL INVESTIGATION, <br />SUCH AS A DUI, THE OFFICER SHALL FILE ALL CHARGES DIRECTLY TO THE COURT BY <br />CITATION. <br />EXAMPLES: <br />LE investigation leads to PC for Mr P -refer to Prosecutor <br />LE investigation leads to PC for POM -refer to Prosecutor <br />LE investigation leads to PC for POM and UODP -refer to Prosecutor <br />LE investigation leads to PC for MIP and POM and/or UODP -refer to Prosecutor <br />LE investigation leads to PC for MIP and DUI -LE cites both charges to court <br />LE investigation leads to PC for POM and trespassing-LE cites both charges to court <br />LE investigation leads to PC for POM and obstructing-LE cites both charges to court <br />Upon receipt of a law enforcement report on eligible cases/charges, the legal secretary will review the <br />offender·s criminal history in order to detennine eligibility. <br />If the offender is not eligible based upon criminal history review, the prosecutor will review the case for <br />probable cause and legal sufficiency and a charging decision will be made. <br />If the offender is eligible for the Pre-Charging Diversion program, then the prosecutor will review the case to <br />assure probable cause and legal sufficiency and then will send the offender a letter out I ining the nature of the <br />charges faced, an explanation of the Pre-Charging Diversion program, a copy of the Pre-Charging Di version <br />Agreement, and the Voluntary Witness Statement admitting to the elements of the offense and indicating <br />where the alcohol and/or drugs were obtained. <br />If the offender signs and returns a copy of the Pre-Charging Diversion Agreement and the Voluntary Witness <br />Statement within two weeks, the deputy prosecutor will review the documents to confinn sufficiently <br />completed, and if sufficient, the deputy prosecutor and/or legal secretary will send the offender a letter <br />indicating acceptance into the program, a reminder of the conditions and time frames for compliance with the <br />program and specifying how and by when the required non-refundable payments are to be made for the <br />program. <br />Simultaneously with submitting the acceptance letter to the offender, the deputy prosecutor and/or legal <br />secretary shall send electronically copies of the police reports, Pre-Charging Diversion Agreement, <br />Voluntary Statement and all correspondence to the investigating law enforcement agency records custodian. <br />If the offender completes the documentation but makes an error or alters the tenns in any fashion, they will <br />be given one opportunity to correct the deficiencies. This will be accomplished by the deputy prosecutor <br />and/or legal secretary sending the offender a letter stating what was wrong with the original application, what <br />2IDiversion Progr a m Outline-2012