Carter Papke and his wife live in Millbrooke, Alabama north of Montgomery. But they teach Sunday School at Frazer Memorial UMC on the east side of town. Carter graduated from Jones Law School at Faulkner University and has worked in the District Attorney's office for more than 20 years. His educational and speaking gifts are apparent during this podcast.
The following is the text from the PowerPoint presentation viewed during Carter Papke’s podcasted presentation:
Montgomery County Pre-Trial Diversion Program
Ellen Brooks, District Attorney, Fifteenth Judicial Circuit
What is Pre-Trial Diversion? In 1978, the Alabama Legislature passed Act 706 providing for the establishment of a Pre-Trial Diversion program for the Fifteenth Judicial Circuit. The program is operated through the District Attorney
In 1978, the Alabama Legislature passed Act 706 providing for the establishment of a Pre-Trial Diversion program for the Fifteenth Judicial Circuit.
The program is operated through the District Attorney’s Office and the purpose is to divert certain first time nonviolent offenders from the traditional court system into a highly individualized and supervised restorative program.
Considerations include:
Undue hardship caused to the accused or the victim
Excessive costs of prosecution in relation to the offense
Possible deterrent value of prosecution
Aid to other prosecution goals
How does it work?
Steps for Acceptance
Signed Order from Judge and enter Guilty Plea
Application Received by PTD
Application Screened by PTD
Victim and Arresting Agency Approval
Applicant Interviewed and Tested
Citizen
Signed Order from Judge and enter Guilty Plea
Application Received by PTD
Application Screened by PTD
Victim and Arresting Agency Approval
Applicant Interviewed and Tested
Citizen’s Advisory Commission Approval
District Attorney Approval
Requirements if Accepted
Be Responsible, Law-Abiding Citizen
Be Employed
Further Education
Perform Community Service
Pay Restitution
Attend chemical addiction, financial, individual and group counseling as directed
Inform Spouse, Parents, and Employer
Meet Financial and Child Support obligations
Do Not Use Any Controlled Substance Unless Prescribed
Benefits to the defendant with the opportunity to:
avoid the stigma of a criminal record
make contributions to the community through volunteer services
continue educational goals
become financially stable through steady employment
accept responsibility for past and present behaviors
Benefits to the public:
128 fewer trials
23 out of 58 appeals approved
$147,094.07 restitution directly to victims
17,035 community service hours to non-profits
1.8% recidivism
Questions?
Whether there is a reason to believe that the offender or the victim will benefit from and cooperate with a diversion program
What the impact of charges would be upon the victim, witnesses, the offender and their families?
The economic advantages of restitution to the victim.
The expressed wish of the victim not to prosecute or to prosecute
Age of the case and of the offender
The seriousness of the crime and the effect upon the public sense of security and justice if the offender were to be treated without a conviction.
Whether the offender or the victim has medical, psychiatric, family or vocational difficulties?
Arrest
Indict & Arraign
Apply for PTD
Accepted for PTD
Completes PTD
No Conviction
Trial or Plea
Sentencing
Conviction
Violation
Balance
SummaryInformation
How does it work?
Steps for Acceptance
Requirements if Accepted
Benefits
Questions?
Posts
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