FAQ: Supervised Diversionary Program
What is Connecticut’s Supervised Diversionary Program?
The Supervised Diversionary Program statute was created for individuals with mental or emotional disabilities who have been charged with non-serious crimes or motor vehicle violations and who are at risk of incarceration. As its name indicates, the program is a diversion from prosecution. It allows eligible defendants the chance to attend specifically outlined healthcare regimens instead of going to trial and risking a conviction.
Do you qualify for the Supervised Diversionary Program?
If you are an individual who was suffering from emotional or mental disabilities at the time of your arrest, you may qualify for this program. It is very important that you meet the following conditions:
- Proof of substance abuse is not sufficient.
- You must be able to document a mental or emotional disability as described by a qualified healthcare provider.
- Your psychiatric disability must have substantially affected your ability to function.
- You must be in need of treatment.
- A veteran applying for this privilege must have been honorably discharged.
Per Connecticut Law, there are factors that may make you ineligible for the privilege of the Connecticut Supervised Diversionary Program. They include but aren’t limited to the following:
- If you are charged with a Class A felony, a Class B felony;
- If you are charged with Larceny in the 1st degree that alleges the threatened use of force against another individual;
- If you are charged with Driving Under the Influence (DWI);
- If you are charged with a motor vehicle violation that resulted in death;
- If you are charged with a family violence offense and may qualify for the Family Violence Education Program or have already used the Family Violence Education Program;
- If you are charged with a drug-related offense and qualify for the Connecticut Pretrial Drug Education Program or you have previously used the Pretrial Drug Education Program;
- If you have participated in the Supervised Diversionary Program on two other separate occasions.
It is important to understand, that this program is a privilege and not a guarantee. The judge has the discretion to grant or deny you this privilege. No matter your criminal charge, we will aggressively defend you and fight for the best possible outcome.
How does the Supervised Diversionary Program work?
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It is essential that you understand that your case may take a long time to resolve. The State’s Attorney will likely oppose your application and we will have to fight hard to win you the privilege of the Supervised Pretrial Diversionary Program.
We will conduct careful research, gather all available records concerning your treatment and history of a psychological or emotional disability. We will master the facts surrounding your case, learn your story and advocate for you.
Then, if after all the circumstances and considerations above, if you are eligible for Connecticut’s Supervised Diversionary Program, we will submit your application to the court.
- Draft your application;
- Prepare you to answer several questions in court that follow the prerequisites described above;
- Submit your application to the court on the record;
- Stand with you before a judge when the judge asks you those questions referenced above;
- Ensure that any alleged victim or victims have been notified of your application, as required by law, so that have the opportunity to be heard by the Court;
- Accompany you to the Department of Adult Probation which will verify your eligibility;
- Ensure that you are notified and attend an evaluation with the Connecticut Department of Mental Health and Addiction Services;
- Organize and package any healthcare records pertaining to your treatment history and send them to the Connecticut Department of Mental Health and Addiction Services;
- Prepare for and present information at a subsequent court appearance in support of your application;
- After you’re granted the privilege of the Supervised Diversionary Program, accompany you again to the Department of Adult Probation for further instructions, including your treatment protocol, and any reporting requirements;
- After successful completion of your program, including a period of time set by the court, we will apply for a dismissal of the charges against you in court and the court will dismiss your charges.
We will be by your side through this entire process.
What will be the result?
No conviction. Erasure. It will be as though you were never arrested for this case. Note, however, that Adult Probation will maintain a record of your participation in the Supervised Diversionary Program for five years.