It is a fact of life that people are prone to making mistakes. Although everyone should be held accountable for their actions, it is important to avoid attaching a negative stigma or connotation to people who are likely not to offend again and will adhere to treatment rules and conditions. Diversion programs were created with these goals in mind.
Diversion programs offer an alternative to jail time and provide the accused with the opportunity to have their case dismissed. The Court must approve participation for first time, non violent misdemeanor offenders. Certain felony offenders are amenable to diversion programs as well. The guidelines are set by the prosecutors in each county. Successful completion of a diversion program results in a dismissal of the criminal charge. Failure to complete such a program results in prosecution and sentencing for the crime.
Diversion programs are typically used for drug possession cases, theft offenses, and underage alcohol offenders. Participants are required to partake in treatment and counseling, perform community service, and pay any restitution. Diversion programs are popular since they ease the congestion of a court docket and allow a Defendant to quickly push this issue to the past.
Diversion programs are not available for repeat or violent offenders. OVI offenders may not participate in diversion programs. Ohio Revised Code 2935.36 specifically speaks to the Pre-Trial Diversion Programs in Ohio.
