Department of Justice changes eligibility for pretrial diversion to include defendants having a history of substance abuse

From Richard Anderson, Federal Defender of the Northern District of Texas:

The Eligibility Criteria for the DOJ Pretrial Diversion Program was updated
in April 2011.  The disqualifier for having a history of substance abuse
(alcohol or drugs) has been removed.

The four disqualifiers are now --

The U.S. Attorney, in his/her discretion, may divert any individual against
whom a prosecutable case exists and who is not:

1.      Accused of an offense which, under existing Department guidelines,
should be diverted to the State for prosecution;

2.      A person with two or more prior felony convictions;

3.      A public official or former public official accused of an offense
arising out of an alleged violation of a public trust; or

4.      Accused of an offense related to national security or foreign
affairs.

See
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/22mcrm.htm#9-22.100/s/Jeff