CCP 102.0121 authorizes prosecutors to collect up to $500.00 to reimburse for expenses involved in the program, specifically prosecution resources...Anybody see why you could not use that money to fund a contract prosecutor to handle the case-load?

I think paying the salary of someone involved with administering the program would be a proper use of the funds. What do you mean by a "contract prosecutor"?

Does your jurisdiction have so many petty crimes that you have the need to fund a prosecutor for pre-trial? I mean how many pre-trial diversions will you be giving out that would fully fund a full-time prosecutor? Pre-Trial Diversion should be rare and shouldn't be handed out like candy. Tell me if I'm wrong.

Not really sure what all might fall into the proper category, (maybe some first DWIs, youngsters with POMs, etc) but wanted some thoughts on the propriety of using the money to recoup legitimate related expenses...
Ken, for example, I have seen small to moderate-size counties fund a prosecutor on a contract-basis (meaning he is a contractor and not on the county payroll for benefits, etc.), to handle JP dockets, appeals, and similar functions.
SAProsecutor, I agree that diversions (interventions, whatever) should be the exception, but some folks certainly make a strong case for a second chance and I assume that they have to meet the clean-record status for pre-trial diversions..
I was kind of hoping somebody might have known a little about the history of this provision and how it came to be so I would know more about the underlying intent...Anybody?

HB 2385

The new law was passed by Rep. Eddie Lucio III (D-Brownsville) and Sen. Juan Hinojosa (D-McAllen) at the request of Cameron Co. C&DA Armando Villalobos. According to committee testimony on the bill, Armando was catching flack from his commissioners court for offering PTD to defendants who were thereby avoiding pleas and the resulting fines which would have gone to the county. In order to remove that perverse financial reason for not offering PTDs, the Legislature decided to allow prosecutors to recover certain relevant fees for the county.

For more on pre-trial diversion programs, see the most recent issue of the Texas Prosecutor or click here:

"Starting a pre-trial intervention program," by Colorado Co AC&DA Jay Johannes

I'm resurrecting this thread because a small county attorney's office contacted us seeking forms for starting up a PTD program for misdemeanors. If your office meets that description and runs a PTD program through your local CSCD, would you consider sharing your forms with the requestor? You can either post them here or email them to me.

Thanks!