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News January 31, 2018 12:55 pm

Court diversion program to launch in Hillsborough County

By Breanne Williams

The new Adult Pre-Arrest Diversion Program will offer adult offenders the chance to avoid a criminal record.

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After six months of testing, a new program with Hillsborough County Law Enforcement will allow adults arrested for low-level crimes to avoid jail by participating in counseling, drug treatment or community service. 

The new the Adult Pre-Arrest Diversion Program (APAD) began testing on July 1, 2017 and will go live on Feb. 1.

Sheriff Chad Chronister announced the details of the program during a news conference at the Hillsborough County Sheriff's Operation Center in Ybor City Wednesday morning.

“The reality is people make mistakes,” Chronister said. “By providing this opportunity for nonviolent, misdemeanor offenses these adults within our community will be able to maintain gainful employment, provide for their families and remain productive citizens without being saddled with a criminal record.”

Participants for APAD must admit they committed the offense, cannot pose a safety risk to the community and must register for the program within three business days of their contact with law enforcement. Once registered they have 120 days to complete the requirements.

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These requirements include 16 hours of community service and they may need to make amends, write an apology letter or completely avoid the victim depending on the crime. Certain offenses, like shoplifting, will require the perpetrator to enter an educational course. 

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If the applicant fails to complete everything in time, the case is forwarded to the State Attorney’s office for review. 

During the pilot period, 215 adults participated in the program. Of those, 52% successfully completed the requirements and did not receive a criminal record and 17% did not meet the conditions, causing their case to be sent to the State Attorney. The remaining 31% are still in the program.

Chronister said APAD will also benefit taxpayers. It keeps people out of jail, which in turn saves the community money. 

State Attorney Andrew Warren said at the conference he is a “passionate believer” of criminal justice reform and stressed the importance of prosecutors keeping in mind the long-term consequences of what they choose to do in the system. He said making the community safer in the long run can sometimes include programs like APAD. 

APAD essentially puts the offender on probation without going through the traditional, expensive process of arrest and prosecution, according to Warren.

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“We need smart alternatives to prison for nonviolent, first time and many juvenile offenders,” Warren said. “This program, the adult pre-arrest diversion program, is exactly the type of smart policy we need.”

For Plant City, the last agency in Hillsborough County, the benefits go far above the financial savings. Chief Ed Duncan said the program allows his officers to practice more proactive policing rather than having to waste a minimum of an hour and a half to transport the offender to the Orient Road Jail, go through booking and then return back to Plant City.

Duncan said he has been involved since the conception of the program in Hillsborough County and it will benefit the community financially as well as the police agencies keeping the local communities safe. 

This also allows people to avoid the multiple negative aspects of being booked, Duncan said. Those arrested for misdemeanors are sent to the jail, their fingerprints are taken and their mugshot is put on a public database before they ever go to trial. With APAD this step isn’t taken and if the offender completes the requirements they can avoid a criminal record.

“I think it’s very important to know we’re not minimizing crime in any way,” Duncan said. “There are consequences to these actions. It’s not like we’re not holding people accountable for what they’ve done. It’s just another tool for us to be able to maybe divert that person from recreating those same mistakes.”

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