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Committee endorses bill letting solicitors place defendants in diversion more than once

House Judiciary Committee · April 10, 2025
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Summary

House Judiciary members voted to give H.3057 a favorable report; the bill would allow a solicitor to consent to admitting a person into pretrial intervention multiple times (with an exception for prior domestic-violence PTI admissions), prompting debate over prosecutorial discretion and victim input.

The House Judiciary Committee gave a favorable report to H.3057 after debate over whether the bill grants solicitors too much open-ended discretion.

Mr. Weeks, reporting to the panel, said H.3057 amends relevant code sections to allow a solicitor to consent to a person participating in pretrial intervention (PTI) more than once, except that someone previously in PTI for criminal domestic violence would not be eligible a second time. "This bill would lift that bar if the solicitor consents," he told the committee, adding that the solicitor retains control over whether to admit someone to PTI. (Mr Weeks)

Representative Rutherford and other supporters framed the bill as a tool to reduce recidivism by giving solicitors flexibility to craft diversion programs and treatment options. "If you can cut down on rates of recidivism, we should do everything possible to allow solicitors to do that," Rutherford said, arguing PTI can deliver counseling and supervision that a fine would not. (Representative Rutherford)

Opponents, including Mr. Quinn, said unlimited access concerns them and asked whether the change would defeat PTI's purpose as a limited diversion opportunity. Mr. Kennedy pressed on accountability and fees, asking whether solicitors' practices and PTI fees are clear across jurisdictions; committee members noted PTI participation and fees can vary by county. Committee members also discussed victims' voices and whether victims could block PTI in particular cases. (Mr Quinn; Mr Kennedy)

After discussion, the committee approved a favorable report for H.3057 by voice vote. The bill would now proceed in the House process per normal procedure.