PRE-TRIAL INTERVENTION GUIDELINES

The following sets forth policy, procedure and minimum eligibility requirements for obtaining approval for the entry of an applicant into the Pre-Trial Intervention Program.  

APPLICATION

Application for entry into the P.T.I. Program must be made with The Phoenix Consortium for Social Change, Pre-Trial Intervention Program on or before the fifteenth (15^th) day from the arraignment of the applicant. (Via Phone or online @ https://thephoenixlife.org/pretrial_intervention )

RESIDENCY

The applicant must be a bona fide resident of Harris or Ft. Bend County, Texas for no less than six (6) months if living with parent(s), spouse or legal guardian(s) at the time of the application; otherwise the Applicant must be a bona fide resident for twelve (12) months at the time of the application.

PAST ADULT OFFENSE HISTORY

The Applicant must have no prior adult felony arrests and/or convictions and no more than one (1) prior conviction for a non-violent misdemeanor crime.

OFFENSE

The criminal offense for which the Applicant has been arrested or charged must be a NON-VIOLENT offense. The Phoenix reserves the option to preclude any entry into PTI based on the circumstances of the offense. The following categories of offenses, even though non-violent third offenses may AUTOMATICALLY PRECLUDE consideration and State Attorney’s Office consent for entry into the program.

• Multiple charge/count situations {two (2) or more charges/counts} where the charges/counts arise out of separate factual circumstances and criminal transactions;
• Sale or delivery of any controlled substance;
• Possession of any quantity of heroin, methamphetamine or L.S.D.;
• Possession of any drug prohibited that is inconsistent with personal use.
• All third degree felonies relating to Welfare Fraud;
• All third degree felonies relating to Unemployment Compensation;
• All third degree felonies relating to Gambling;
• All third degree felonies relating to Weapons and Firearms;
• All third degree felonies where the actual loss to the victim exceeds the monetary amount of $5,000.00, unless the victim specifically consents to the entry of the individual if the restitution amount exceeds $5,000.00 and it appears that the amount of restitution can be repaid within the twelve (12) month period of P.T.I. supervision.
• All third degree felonies charged by indictment;
• All third degree felonies involving abuse of a minor child;
• Offenses against governmental entities

CONSENT OF VICTIM(S)/ARRESTING OFFICER(S) REQUIRED

The victim(s) of the offense for which the Applicant was arrested/charged, and the arresting officer(s), must consent in writing to the Applicant participating in the P.T.I. Program. However, in the case of an arresting officer refusing to consent, a reason for this refusal must be given for the review of the State Attorney’s Office. A refusal by an arresting officer based on his/her disbelief in the Pre-Trial Intervention Program will not be acceptable.

RESTITUTION REQUIRED

If a person or persons, including an Insurance carrier, suffered monetary loss which can be determined without controversy as a direct result of the commission of the offense for which the Applicant was arrested/charged, the Applicant must be ready, willing and able to make full restitution to such person or persons, including Insurance carriers, and such restitution shall be made a specific condition of the Applicant’s satisfactory completion of the Program.

WAIVER OF RIGHTS REQUIRED

If an individual desires to be considered for entry into the Program, upon applying for entry into the Program and prior to any further processing of such application, the Applicant must voluntarily, knowingly and intelligently execute a document to be provided that he/she has been fully advised of his/her Constitutional Rights, including, but not limited to the right to remain silent regarding the facts and circumstances related to the offense for which the applicant has been arrested/charged and that the Applicant has waived the right to a Speedy Trial on the said offense for the period of time required for a final decision regarding the Application. In the event the Applicant is accepted into the Program, the Applicant shall waive his/her right to a Speedy Trial until the Applicant is terminated from the program, whether satisfactorily or unsatisfactorily. If at the time of applying for entry into the program the Applicant has an attorney representing him/her in connection with the offense for which he/she was arrested/charged, said attorney shall be required to confirm that he/she has also advised the Applicant of these same rights.

SWORN STATEMENT REQUIRED

 The Applicant must provide to the P.T.I. Program a signed and sworn typed statement relating the facts and circumstance of the offense for which the Applicant has been arrested/charged. If the factual statement so provided does not contain facts indicative of knowledge or conduct on the part of the Applicant consistent with guilty, factually or legally, in the opinion of the State Attorney’s Office, this Office will not consent to the Applicant’s entry into the Program. If the Applicant is not accepted into the Program, for any reason, the statement so provided will not be used as evidence against the Applicant in the State’s case, in the event of trial on the charges; however, the statement MAY be used in the event of a trial on the charges where the accused testifies as rebuttal evidence in the nature of impeachment. If the Applicant is accepted into the Program and subsequently unsatisfactorily terminated from the Program such statement MAY be used as evidence in the State’s case at the prosecutor’s discretion, in the event of a trial on the charge for which the Applicant applied for entry into the Program.

SPECIAL CONDITIONS TO ENTRY

1. If, in the opinion of the P.T.I. Program Staff, the Applicant is in need of special counseling, the Applicant must agree to participate in such counseling programs as a specific condition of his/her satisfactory completion of the Program.
2. The P.T.I. Program Staff may require the Applicant to attend programs designed to provide self-improvement education or may require the Applicant to perform up to forty (40) hours of Community Service as a specific condition of his/her satisfactory completion of the Program. If the Applicant is not willing to accept such a condition, the Applicant will not be accepted into the Program.