What is Pre-Trial Intervention (PTI)?
PTI is a Diversionary Program designed for first-time offenders of non-violent crimes. This system allows the defendant to be diverted from court and enter into a program consisting of counseling, education, community service work, restitution, drug testing, and prison tours. Successful completion of the program requirements will allow the defendant’s arrest record to be expunged (destroyed). The goal of this program is to give first-time offenders a second chance. Offenders may participate in this program only one time. PTI is a self supporting program under control and supervision of the Office of the Solicitor, Sixteenth Judicial Circuit and is supported through cooperation of Judicial, Law Enforcement, and Community Service Agencies.
Who is eligible for PTI?
The PTI Act of 1980 states that PTI shall be appropriate where:
- Justice will be served by placing the offender in an intervention program.
- The needs of the offender and state will be better served outside the traditional criminal justice process.
- The offender poses no threat to the community.
- The offender is unlikely to be involved in further criminal activity.
- The offender is likely to respond quickly to rehabilitative treatment.
- The offender has no significant prior criminal history.
How does PTI work?
Application- The defendant will bring in the warrant or ticket, picture identification, social security card, and an application fee of $100.00 (money order). An interview will be conducted to gather information about the arrest and background information.
Investigation- The PTI staff will contact all parties involved in the case for recommendations. A complete criminal background check is conducted.
Approval- The Office of the Solicitor makes the final decision regarding admission into the program. If the defendant is denied, the case is returned to court for full prosecution. If the defendant is approved, the case will be scheduled for orientation.
Orientation- The defendant will pay a participation fee of $250.00 (money order). The requirements for completion are assigned at this time.
Dismissal- Upon successful completion, the Expungement Order for destruction of arrest records will be awarded. The defendant will pay an Expungement fee of $250.00 (money order) to the PTI office, as well as a $35 (money order) filing fee for the Clerk of Court. Both fees will be processed through the PTI office. If the defendant does not comply with the program requirements, the case will be returned to court for full prosecution.
Why should you participate in PTI?
If you are convicted of the charge by entering a guilty plea, jury trial, or paying the fine, this conviction will remain on your arrest record for the rest of your life. PTI will offer you a chance to clear this charge from your arrest record.
Pre-Trial Intervention Program Requirements:
- EMPLOYMENT OR EDUCATION- Defendants must verify employment and/or education by submitting a current check stub, statement from their employer, class schedule, or school identification. If a defendant is disabled the disability must be verified.
- COURT OBSERVATION- Defendants may be required to observe court. The case manager will arrange the specific dates and times for court observation.
- REPORT ON THE LAW- Each defendant must complete a report on the law allegedly violated. A copy of the law and a report must be submitted. The report must include an overall summary of what the law states, the fines and sentences that apply, and a general explanation of what happened when the defendant was arrested.
- DRUG TEST- Defendants will be randomly tested while in PTI. A negative drug test result is required in order for successful completion.
- COMMUNITY SERVICE WORK- Defendants are required to complete 50 hours of community service work at a non-profit organization. Hours will be verified by the organization.
- COUNSELING- All defendants must complete a counseling program. Counseling requirements will be determined by the solicitor, law enforcement, and the PTI staff.
- ALCOHOLICS ANONYMOUS OR NARCOTICS ANONYMOUS- Defendants may be required to attend AA or NA. Attendance must be verified by AA or NA meeting chairperson.
- PRISON TOUR OR GET SMART PRESENTATION- Each defendant must attend either the prison tour or get smart presentation. The prison tour is a first-hand experience of what prison life is like. Get Smart is a program where inmates give an account of how they ended up in prison.
- RESTITUTION- Defendants may be required to pay restitution. Restitution is determined by the prosecuting solicitor based on information received from the victim and the arresting agency.
- OTHER REQUIREMENTS- There may be other conditions for participation determined by the solicitor or the PTI Counselors/Case Managers designed to address the individual’s needs.
- If program requirements are not completed, the case will be re-staffed with the solicitor. If the solicitor terminates a defendant from PTI, the case will be returned to court for full prosecution.