Pre-Trial Diversion Program

The Pre-Trial Intervention Program (PTIP) is a program designed to educate, rehabilitate, treat, and divert prosecution of certain offenders with little or no criminal history in the criminal justice system, those that have a mental health illness and military veterans.  PTIP uses a rigorous application process to identify offenders who are likely to respond to education, treatment and self-correction.  In this way, low-risk offenders are sanctioned and rehabilitated to prevent future recidivism while lessening the burden on court resources best suited for rehabilitation and punishment of high-risk offenders.

              PTIP is operated by the Erath County Attorney’s Office and Erath County Community Supervision and Corrections Department (CSCD).  Participation in PTIP by a Defendant is voluntary.  Acceptance into the program is at the discretion of the Erath County Attorney’s Office.  The Prosecutor will consider the facts and circumstances of the alleged offense, the Defendant’s criminal history, mental health history, military service and any victim impact information provided when determining whether or not to approve an application for the program.  Upon approval for admission to PTIP, Defendant enters into a contractual agreement with the Prosecutor’s Office which includes voluntarily waiving certain constitutional rights and signing a confession of guilt to the offense alleged in the Information filed in court.  All information obtained during the process including the PTIP Application, the PTIP Agreement, and information obtained during the term of the PTIP will be used against the Defendant on the issue of guilt and punishment of any later prosecution for the offense.  However, if Defendant is denied admission into the PTIP, any written information obtained as a result of the PTIP Application will not be used against Defendant during the prosecution for the offense.

              Defendant is required to strictly comply with the conditions and requirements of the PTIP Agreement during the term of supervision.  Upon successful completion of the PTIP, Prosecutor agrees to dismiss the criminal charge pending against the Defendant.  If Defendant violated the PTIP Agreement, Defendant will be remanded back to court to formally enter a plea of guilty to the offense alleged and accept a pre-negotiated sentence for punishment.   Violations of the PTIP are determined solely by the Prosecutor and Defendant is not entitled to a hearing to determine if a violation occurred.