31 Miss. Code. R. 2-7.1 - Pretrial Intervention Program Policy

1. Each District Attorney, with the consent of a circuit court judge of his or her district, has prosecutorial discretion to establish a pretrial intervention program in the circuit court district. The pretrial intervention program will be under the direct supervision and control of the district attorney and an offender must make application to an intervention program within the time prescribed by the district attorney.

2. A person shall not be considered for pretrial intervention if he or she has previously been accepted into an intervention program NOR shall intervention be considered for those individuals charged with any crime of violence including, but not limited to, murder, aggravated assault, rape, armed robbery, manslaughter or burglary of a dwelling house or any other crime as set forth in Miss. Code Ann. § 99-15-107. It is the responsibility of the district attorney to determine if the individual has any prior felony charges. Upon successful completion of court-imposed conditions, the district attorney, with the approval of the circuit court judge, may make a non-criminal disposition of the pending charge against the offender. If the court- ordered conditions are not met, the court can impose a sentence for the guilty plea.

3. The Special Processing Unit maintains a statewide database of all pretrial intervention reports and responds to all requests for pretrial intervention information from the district attorneys' offices as specified in Miss. Code Ann. § 99-15-119.

Notes

31 Miss. Code. R. 2-7.1

Miss. Code Ann. §§ 45-1-3 and 99-15-101, et seq.

Statutory Authority: Miss. Code Ann. § 99-15-101, et seq.