Statutory Authority

Over 45 states have laws that structure a form of pretrial diversion. However, very few have specific laws authorizing DV-specific diversion programs. For a complete chart of states with general pretrial diversion programs and DV-specific diversion programs, as well as their corresponding statutes, please visit National Conference of State Legislature’s (NCSL) Pretrial Diversion webpage.

In the absence of statutory authority, diversion programs may be implemented pursuant to court rules or prosecutorial discretion.