What pretrial diversion or drug court programs exist in Massachusetts?
Massachusetts's diversion framework was significantly expanded by the 2018 Criminal Justice Reform Act.
1. Pretrial Intervention / Diversion (DA-Run). G.L. c. 276A (as amended by 2018 c. 69 § 91) lets District/BMC/Superior Court divert any adult defendant into a 14-day assessment leading to up to 90 days (extendable) of programming; charges dismissed on completion. DA consent not required for most adult cases; the court can order over objection.
2. Statutory Deferred Adjudication / Judicial Diversion. G.L. c. 276 § 87 authorizes pretrial probation: case continued without finding (CWOF) is not technically diversion but functions similarly; admission to sufficient facts; supervision; dismissal upon completion. G.L. c. 278 § 18 governs CWOF acceptance.
3. Drug Court. Trial Court Specialty Court Standing Committee oversees 25+ drug courts; not separately codified but recognized in SJC Rule 1:18.
4. Veterans Treatment Court. Authorized under G.L. c. 276A and Trial Court guidelines; first opened in Boston BMC 2014.
5. Mental Health Court. Trial Court mental-health sessions in Springfield, Boston, Cambridge, Plymouth; coordinates with DMH.
6. Drug/OUI Court. OUI courts in many districts; ignition interlock under G.L. c. 90 § 24½.
7. Youthful Offender / Juvenile. Juveniles 12-17 under c. 119; "youthful offender" indictment under c. 119 § 54. Adults under 22 can use c. 276A.
8. First-Time-Offender Statute. Sealing under G.L. c. 276 § 100A (misdemeanor 3 yrs, felony 7); expungement under § 100E-100U (effective 2018) for young-adult offenses (under 21) and certain non-convictions.
9. Effects. CWOF and diversion completion = dismissal/no conviction; sealing and expungement available. Federal databases not erased.
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; DMA operates a PTD program.
This is legal information, not legal advice.
- You want to seek c. 276A diversion over DA objection
- You are weighing CWOF vs. straight dismissal at a c. 87 pretrial probation hearing
- You qualify for expungement under § 100E after completing diversion
- G.L. c. 276A
- G.L. c. 276 § 87
- G.L. c. 276 § 100A
- G.L. c. 276 § 100E
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.