OOps. Sorry.
I am wanting to look into this and I can't seem to find it in the CCP.
Are these programs implemented by individual counties or is there something in the code that regulates?
Specifically, I'm looking for what types of cases are or are not allowed, etc. Is it up to the county atty /DA, probation dept., or Court? Or combo of all?
Thanks in advance.

It is mostly up to the CA / DA, but we have our Judge's in on the deal also, just to be sure that the Defendant knows all the consequences, etc... We use PT Diversion all the time on JP Appeals for Class C's and have recently used it on a couple of felonies too. Email, if you want more information.

The problem I have seen with pre-trial is that it is usually never applied fairly. Example: A defense attorney asks for pretrial saying his client is 18, only had a little marihuana on him and even deferred adjudication will make him lose his college scholarship. You agree to pretrial and another defense attorney over heard your conversation and his client is 18 and same facts as other defendant except his client flips burgers at McDonald's. He asks for pretrial too.

Are you giving preferential treatment to one but not another because of financial/education status? I can understand pretrial on a REALLY bad case and the defendant was a 80 yr old lady who was stealing over $50 of food so she won't starve. But otherwise it would be unfair to have a double standard. I know other counties do it on certain offenses but that doesn't make it right. That's my two cents.

I understand the potential problems with it. I'm just trying to find out where it is allowed, where is the authority, in any code, if there even is any. Or is it simply a local rules type thing?

This user group has been around long enough that almost any subject has a prior thread. Check out this link.

Thanks to all. Think I found my answer.

Effctive September 1, 2005 an amendment to CCP Art. 102.012 and Gov. Code Sec. 76.011 allows pretrial diversion for up to two years with a maximum of $60 in monthly supervision fees plus payment for programs.

I use pretrial diversion for high school and college students charged with a non-violent county court misdemeanor. My theory is that some of them may want to become a licensed professional some day. They have to fill out an application, obtain character letters, supply grade transcripts, and have a personal interview with me or a fellow prosecutor. Some get it; others do not.