District Attorney Perry Nicosia discusses his new pre-trial diversion plan for first-time offenders with St. Bernard Community Anti-Drug Coalition
Saying a drug or alcohol dependency is often at the root of non-violent crimes, District Attorney Perry Nicosia outlined his new pre-trial diversion plan for first-time, non-violent offenders that would keep them from having a criminal record if they go through a set of steps to evaluate their problem and deal with it.
Speaking to the monthly meeting of the St. Bernard Community Anti-Drug Coalition, Nicosia said the diversion plan “will help people deal with a problem before they have a criminal record’’
It would be for those who “have a chemical addiction but aren’t really criminals,’ Nicosia said.
He also said his office will work to try to get in-patient and out-patient treatment services in St. Bernard Parish for people with drug and alcohol problems.
“It’s almost like a pre-trial probation,’’ Nicosia said of the pre-trial diversion program but the person has to agree to be evaluated, get treatment and counseling and be regularly drug-tested, It is giving them help instead of simply having them go through the criminal justice system and ending up with a record without working on the root problem that led to the criminal acts, he said.
“I feel we can use diversion to find out what their real problem is.’’
If they slip-up in the diversion program they lose the chance to have a case dismissed and, instead, go back into the system on the regular court docket to be adjudicated, the district attorney said.
“It is something we can hold over their heads before they have a criminal record,’’ said Nicosia, who began his term Jan. 1 after winning an election last fall following the retirement of long-term District Attorney Jack Rowley.
“You can dismiss a case on a first-time offender as a motivating factor for them to get the help they need,’’ Nicosia said.
The District Attorney’s office has been conferring with Sheriff James Pohlmann about use of the diversion program. Nicosia said an offender won’t be accepted into the program if there is objection by the Sheriff’s Office.
Diversion differs from the drug court program, in which a person first pleads guilty to a crime and then receives held if drugs were the cause of their criminal behavior.
An offender wouldn’t be eligible for diversion if they alaredy gave a criminal history, Nicosia said.
The non-profit St. Bernard Anti-Drug Coalition was formed with a goal of reducing illegal drug use in the parish and works towards developing community-wide programs and providing information on resources available for those looking for rehab help for themselves or others.
Sheriff Pohlmann and a cross section of government and school officials, as well as other professionals in the parish are members of the Coalition board.
The Coalition Chairman is Dan Schneider and Polly Campbell is program director for the group.