Misdemeanor Diversion Program (MDP)

The Misdemeanor Diversion Program (M.D.P.) is a diversion program that affords first time offenders an opportunity to immediately accept responsibility for their actions, seek rehabilitation, and divert their cases from the criminal court system. M.D.P. is administered and supervised by Broward Sheriff’s Office Probation for this judicial circuit. Eligibility requirements and approval for entry into M.D.P. will be determined at arraignment.

For additional information, please call 954-831-8446.

Felony Pre-Trial Intervention (PTI)

The Felony Pre-Trial Intervention (PTI) program is a diversion program operated by the Florida Department of Corrections. The purpose of the PTI program is to afford first-time felony offenders the opportunity to avoid the stigma of a criminal conviction by diverting their case from the trial court process. Defendants charged with a qualifying third-degree felony may be approved for this program.

For additional information regarding Felony Pre-Trial Intervention (PTI), please click here or call 954-831-6371 or email FelonyPTI@sao17.state.fl.us

OIC of South Florida Economic Empowerment Today Pre-Trial Diversion Program

Eligible individuals will be provided the opportunity to successfully complete technical training to help them acquire a trade/skill that can lead to gainful employment and economic empowerment.

ELIGIBILITY

Nonviolent third-degree felony*

Broward resident, at least 18 years old

No more than 3 misdemeanors/2 felony convictions

*A single count of the second-degree felony of attempted burglary, curtilage burglary dwelling, delivery of cocaine, or dealing in stolen property, that is eligible for first-time prison will be reviewed for eligibility on a case-by-case basis.

REQUIREMENTS

Approval by the State Attorney’s Office

Pay restitution, if applicable

Complete the OIC Program as a special condition of probation

CERTIFICATION OFFERINGS:

• Culinary/Food Service Operations
• Customer Service
• Supply Chain Operation
• Warehouse Logistics
• General Safety and Construction
• Transportation and Moving Material
• Information Technology
• Health and Medical

If you have any questions, please contact ASA Sharonda Lebrun at 954-831-3584 or slebrun@sao17.state.fl.us

Court to College Pre-Trial Diversion Program

Eligible individuals who opt for the Broward College Diversion Program will be provided the opportunity to successfully complete technical training to help them acquire a trade/skill that can lead to gainful employment and economic empowerment.

ELIGIBILITY

Certain nonviolent third-degree felonies

REQUIREMENTS:  

Approval by State

Victim consent

Restitution, if applicable

DURATION:  

12 months and, upon successful completion, charges will be Nolle Prossed

If you have any questions, please contact ASA Sharonda Lebrun at 954-831-3584 or slebrun@sao17.state.fl.us

Felony Mental Health Pretrial Diversion Program

A new Felony Mental Health Pretrial Diversion Program was established in Broward Circuit Court in October 2021. This program is aimed at helping people with mental illness and reducing the number of jail inmates by linking them to appropriate mental health treatment in the community.

Defendants must have a serious mental illness (determined by Broward Behavioral Health Coalition or their providers) and a current charge that is a second- or third-degree degree felony. Some charges, involving firearms or burglary of a dwelling, are not eligible.

The 12-month program is for individuals who have no more than three prior non-violent felonies. The program can be extended for up to 18 months in some circumstances. If the individual successfully completes the program, the case will be dismissed by the court.

More information is available here. Click here for details of how to apply.

Truancy Diversion Program

The Truancy Diversion Program is a diversion program designed to accommodate the special needs of Defendants charged with failing to require that their child or children attend school.  The policies regarding such are similar to the standard M.D.P. with the following modifications:  The initial application will be offered by an Assistant from the Truancy Unit at arraignment, or by mail on written pleas of not guilty, with a deadline for application to the program specified therein.  The legal residency requirement above is waived but applicants must provide a verifiable address.  The Applicant is permitted to have one prior misdemeanor offense (other than a weapons charge or one similar to the instant offense) but if having such, must not have failed to successfully complete any type of supervision required.  There is a $150.00 application fee that must be paid within 30 days of application to the Office of the State Attorney, in addition to any of the costs of supervision that must be paid to the program.  Questions regarding this program should be referred to the Truancy Intervention Program of the Office of the State Attorney.

License To Drive Diversion Program

Effective Nov. 1, 2021, the License To Drive diversion program has replaced the Driver’s Initiative Program. The new program helps drivers accused of misdemeanor offenses of driving with a suspended, revoked or canceled license to tackle the underlying issues – which often include financial instability and lack of employment opportunities – and get their licenses back. For many low-income residents, a simple traffic ticket can spiral into what seems like an overwhelming burden and they can lose their license because they are unable to pay the ticket, satisfy a lien or judgement, or pay other court-ordered fines or fees.

License To Drive, supervised by a private vendor called Court Options, works with defendants to help them navigate the steps they need to take to obtain a valid license. The program will help to improve public safety by ending the cycle of financial hardship that contributed to the legal issues. Prosecutors will determine eligibility with help from the in-court caseworker.

Participants can:

• Enter into a payment plan to pay outstanding fines around the state, saving them from paying costly collection agencies’ fees.
• Take safe driving classes.
• Receive frequent reminders to help them keep up to date with their obligations.
• Receive assistance with job referrals, interview coaching and resume building.
• Get help with figuring out if they are eligible for government, vocational and education benefits.
• Attend financial literacy workshops, tips on budgeting and restoring credit.

Veterans’ Treatment Court Diversion Program

The Veterans’ Treatment Court Program was established by the Florida Legislature to address the underlying causes of a veteran’s or servicemember’s involvement with the judicial system through the use of specialized teams and evidence-based treatment. The program uses non-adversarial approaches and a coordinated strategy developed by a treatment intervention team.

Other considerations include whether the defendant’s participation in the program is in the interest of justice and of benefit to the defendant and the community. The recommendations of law enforcement involved in the case and the recommendations of any alleged victim will also be considered. Restitution to victims is required.

A defendant accused of a misdemeanor or felony may participate if he or she is approved by the state attorney, in consultation with the court. Not all charges are eligible for entry into the program.

The chief judge and state attorney have the exclusive authority to determine whether veterans who have received dishonorable or bad conduct discharges may participate. A defendant may be eligible to enter the program, but is not entitled to do so.

For more details, please see the GUIDELINES and APPLICATION FORM. For more information, please email VeteransCourt@sao17.state.fl.us.

Florida’s Adult Civil Citation Programs Explained

Adult civil citations are a way to keep some misdemeanor offenders out of the court system and avoid an arrest record, if they successfully complete the program.

Under Florida law, adult civil citation programs are discretionary and state law gives police agencies, not prosecutors, the “sole discretion” about whether to issue an adult civil citation or arrest an individual.

The State Attorney’s Office will continue to refer offenders to the adult pre-trial diversion programs that are already in place, as well as offering our free arrest-sealing and expungement workshops.

Click here and here for more information about adult civil citations in Florida.

Alternatives to Formal Processing of Juvenile Cases

There are a number of alternatives to formal processing of cases involving youths that have been developed County wide over the last dozen or so years. Some involve the SAO making referrals directly (diversion and juvenile drug court), others involve the SAO collaborating with development of criteria, process, procedure and continued oversight (PROMISE and Civil Citation). The programs are as follows:

1. Diversion – All youth who are referred to this office for filing review of a misdemeanor or non-violent third degree felony for the first time (prior referrals to PROMISE and/or civil citation are not considered) are referred to a diversion program. In addition to youth falling within this criteria, youth who are 12 years of age or younger can be referred to diversion for any offense and, on a case by case basis, youth who have significant mental disabilities can be referred to specialized diversion for any offense. Sexually reactive youth who are very young or involve intra-familial victimization can also be referred to specialized diversion program for treatment as it would be very difficult to prosecute these youth and the ultimate goal is to get them services to hopefully curve the problem behavior.
   1. We have a total of 12 different diversion programs located through the county.
   2. These programs offer an array of services and interventions that range from therapies for low level offenders who are at low risk to re-offend to specialized, deeper end programs that deal with sex offenders, youth with mental health issues, deep rooted behavioral issues and families experiencing familial problems that contribute to delinquency.
   3. Upon successful completion of diversion, the case is declined.
   4. Youth who initially refuse to participate in diversion programs are given a subsequent opportunity to participate in diversion after the case is filed. The cases of youth who wish to avail themselves of this opportunity have their cases held in abeyance for 180 days. If they successfully complete the program within that time and remain arrest free, the case is nolle prosequi.
2. Juvenile Drug Court – There are two tracks to the Juvenile Drug Court program.
   1. The first is for youth charged with misdemeanor, non-violent 3rd degree felony or with 2nd degree felony offenses involving the purchase of a controlled substance who are identified as having substance abuse issues or being at risk for such. Qualifying youth must not have previously been convicted of a felony offense. Upon completion of the program these youth’s cases will be nolle prosequi.
   2. The second track is designed for youth who are identified as having substance abuse problems but who do not fit the above requirements. These youths’ cases will not be nolle prosequi upon completion but successful drug court participation will act as the consequence imposed. Under both tracks, juveniles are able to partake in community-based treatment programs, intensive case management services, and whatever other types of assistance they may need to avoid reliance on controlled substances all under judicial supervision.
3. Juvenile Civil Citation Program – Broward County has a long history of using civil citations as an alternative to arresting youths but in 2021, a new memo of understanding was signed by prosecutors, and our partners in the justice system, law enforcement, and the community. Together, we are making it a priority to make sure that children who make childish mistakes do not have those mistakes follow them around for the rest of their lives. The program is an alternative to formal arrest and criminal prosecution for juveniles accused of minor, misdemeanor offenses. There is now a consistent practice throughout the county that officers will first consider issuing a juvenile civil citation rather than arresting people who are 17 years of age or under, who commit eligible misdemeanor offense. The agreement ensures that access to this program is robust and equal in every community in Broward County. This alternative to arrest is designed to immediately address the behavior while assessing the person for needs, linking them to appropriate intervention services and holding the youth accountable. The intended outcome is to prevent further acts of delinquency by appropriately addressing the behavior without creating a criminal record or requiring court intervention. The program’s requirements, will include, but not be limited to, the completion of community service hours, payment of restitution, if applicable, and intervention services. More information is available here.
4. PROMISE program – This office has been involved in trying to address and reduce school based arrests for minor offenses for years. We collaborated with a group called the Eliminating the School House to Jail House Pipeline which includes the School Board, school administrators, Law Enforcement representatives, the Public Defender’s office, the NAACP, and the Southern Poverty Law Center and established a program whereby students are given the opportunity to avoid being arrested for certain misdemeanor offenses committed on school grounds. The behavior is dealt with as a matter of school discipline rather than arrest so there is no referral to law enforcement or our office.
   1. Students are given 3 opportunities each school year to participate in the PROMISE program and the behavioral interventions increase with each incident.
   2. This program has helped greatly reduce the number of students arrested or subjected to out of school suspensions. Another goal is to increase graduation rates and it appears that we may be on the road to accomplishing that as well.