Determining Statutory Authority

Creation of a prosecutor-led diversion program may be authorized by statute, court rule, or as an exercise of prosecutorial discretion. An important first step in developing such a program is determining what authority exists for a prosecutor to develop and operate such a program.  A prosecutor’s office should review any applicable statute and case law interpreting a statute to determine whether prosecutor-led diversion programs are mandated or authorized, whether there are specific requirements for such a program, or whether the exercise of prosecutorial discretion is limited in any way.

For examples of statutes authorizing or limiting the scope of prosecutorial discretion in developing such a program see the following:

More examples of these statutes appear on the Resources page under Sample Documents & Form

To examine a compilation of diversion case law prepared by the Pretrial Justice Institute, go to: