Hays County’s innovative pre-trial diversion program graduates first class

Program offers some low-level offenders chance to avoid of a criminal record while reducing court dockets

Hays County Criminal District Attorney Kelly Higgins announced today that the first group of people admitted into the new Pre-Trial Diversion Program for criminal cases have successfully completed the program. This program was launched in January 2024 and is designed to allow certain offenders to avoid the stigma and burden of a criminal record for low-level, non-violent offenses.

Seven people have just “graduated” from the program, and another seventy are currently working their way through the program. If they successfully complete it, they will have the opportunity to avoid a criminal conviction.

The Pre-Trial Diversion Program is a voluntary contract agreement between an accused and the Hays County District Attorney’s Office. A specially assigned prosecutor reviews cases to identify people that are potentially eligible. Defense attorneys may also request that their clients be considered for admission to the program. An internal committee reviews each case to determine whether it would be appropriate to offer the accused an opportunity to participate. If participation in the program is offered and accepted, the agreement will include conditions specific to the accused and the offense(s) they were charged with. This can include completion of classes, community service, payment of restitution, drug testing and other conditions designed to help the accused avoid further interaction with the criminal justice system. Once a contract agreement has been executed, the case(s) is dismissed and/or declined by the Hays County District Attorney’s Office and will only be re-filed if the person fails to complete the program. The defendant will be eligible to file for an immediate expunction upon completion of the Pre-Trial Diversion Program; however, the expunction of records will not apply to the Hays County District Attorney’s Office. The contract agreement does not require an admission of guilt. The defendant is supervised by the Hays County Judicial Services Department during the program.

“I am proud to have fulfilled my promise to create a meaningful way to divert appropriate cases away from the courts,” Higgins said. “I believe this approach will make a real difference not only in the lives of those diverted, but within the dockets of our courts as well.”