Travis County Felony Diversion Programs provide an offender that has met certain eligibility criteria with a chance to avoid prosecution for an offense. This is accomplished through the successful completion of a period in which there are no new arrests and all requirements of the program are completed. Requirements may include, but are not limited to: attending treatment and counseling as recommended, making restitution, performing community service restitution and/or any other condition deemed appropriate by the Travis County District Attorney's Office.

DWI Court

  • The Travis County Felony DWI Court is a newly developed alcohol intervention program. The program is designed to provide an opportunity for changing negative behaviors through court monitoring, urinalysis, case management, community outreach, and alcohol abuse education and treatment referrals.
  • Defendants who have only two previous misdemeanor convictions for DWI are eligible for this program.
  • Upon successful completion of the program, the felony DWI will be reduced to a Class A misdemeanor and the defendant will be placed on a period of probation.

Program Overview

  • The Travis County District Attorney’s Office along with Adult Probation has created a Felony DWI Pretrial Diversion Program (hereinafter Felony DWI Court). Judge Urrutia will preside over this docket in the 450th District Court.
  • Judge Urrutia will modify the bond conditions of the DWI 3rd to include the completion of the DWI Court handled by Judge Earle.
  • The defendant, defense attorney, and state’s attorney must sign an agreement with the TCDA as a condition of participating in the Felony DWI Court. This agreement will include a judicial confession admitting guilt to the DWI 3rd, which may be entered into evidence at trial without objection by the defendant.
  • When county jail time sanctions are needed as part of the DWI Court participation, Judge Earle would refer the matter to Judge Urrutia for approval of jail time.
  • The program is structured to be completed within 12 – 18 months.
  • A defendant who successfully completes DWI Court will have his/her case reduced to a Class A DWI 2nd. The defendant will be placed on a 2-year misdemeanor probation with continued treatment/after care as directed by probation and would maintain either a SCRAM and/or IID in place for at least a period of 1 year. The defendant would remain on the specialty docket in the 450th through the duration of the probation and Judge Urrutia would handle any revocation proceeding if necessary.

Eligibility Criteria

  • Only true DWI 3rd cases will be accepted.
  • No DWI w/ child SJF cases will be accepted.
  • No collisions, no prior violent criminal history, no other pending cases (felonies or misdemeanors), and no prior DWI Court or Drug Court participants.
  • No prior convictions or deferred adjudications for any felony offense.
  • Must reside in Travis County or a contiguous county.
  • A defendant must submit an application within 120 days of arrest.
  • Once the defendant has been conditionally approved for Felony DWI Court by TDCA staff, he or she will be referred to DWI Court staff to set up an assessment and attend a DWI Court session. Once the defendant has been clinically approved for Felony DWI Court, then he or she will be placed in a pool of approved candidates for random selection into the Felony DWI Court. If the defendant meets all the criteria for DWI Court, is clinically appropriate, and is selected at random to participate, then the defendant’s case will be transferred to the 450th docket pending successful completion of the program.

Application Procedure

  • The first application period will open on April 1st and applications will be accepted through April 15th. We anticipate completing the random selection process by May 15th, and the first group will start DWI Court on June 1st.
  • Since enrollment in the program is limited to a maximum number of 30 participants, applications will be accepted during specified periods of time as determined by the TCDA and Adult Probation.
  • If an applicant is not accepted during the initial random selection process, then their application will be held and considered for the next period. If an application has not been accepted for two periods, the applicant will not be accepted into the program.
  • A defendant and the attorney of record wishing to apply for acceptance into the DWI Court program shall complete an application. Completed applications should be submitted via email to DADWIApplication@traviscountytx.gov.
  • Motion to Modify Bond form
  • DWI Court Agreement form

Pretrial Diversion

  • Our Felony pretrial diversion program is available for first time felony offenders charged with low level offenses. During the diversionary period, the offender is required to successfully complete various requirements such as: counseling, making restitution, performing community service and any other condition deemed appropriate.
  • Once all conditions are successfully met, the criminal charge will be dismissed and the offender may apply for an expunction

Program Overview

Once a defendant has been accepted into the program, the case will be transferred to the 147th Criminal District Court of Travis County for supervision. The defendant’s attorney must then contact the 147th court coordinator to obtain the initial docket setting for the pretrial diversion docket.

On the initial pretrial diversion docket setting, all involved parties will convene in person to sign the pretrial diversion agreement. The defendant will be expected to pay a $60 monthly supervision fee and will also be required to pay for any drug and alcohol counselling, restitution, required urinalysis or other programs or classes detailed in the agreement.

The typical term for the pretrial diversion program is one year from the time the defendant signs the agreement and enters the program.

The defendant will be expected to comply with the terms and conditions of the pretrial diversion program and timely meet all required obligations. If the offender fails to do so, his pretrial diversion program participation may be revoked. The decision to revoke the offender’s participation in the Travis County Felony Pretrial Diversion Program rests solely with the Travis County District Attorney’s Office. If the decision to revoke is made, the case will remain docketed on the 147th regular docket for a plea to the offense charged.

Eligibility Criteria

The Travis County District Attorney’s Office will consider a defendant’s application for pretrial diversion for most non-violent felony offenses. The applicant should generally be a first offender and all prior contacts with law enforcement or the criminal justice system will be considered when evaluating a defendant’s application. The following non-exclusive list of factors will be considered for a defendant’s acceptance into the program:

  • The nature and type of offense, as well as the circumstances surrounding the commission of the offense, including any potential harm to the community by the defendant.
  • The defendant’s criminal history and/or prior contacts with law enforcement, including juvenile offenses and all non-traffic offenses. Any prior conviction or deferred adjudication for any offense, other than minor traffic offenses, will significantly impact consideration for PTD.
  • Defendant’s acceptance of responsibility for the underlying offense as articulated in his/her version of the offense in Section VII of the application.
  • Defendant cannot test positive for any illegal drugs or non-prescribed controlled substances.
  • Defendant’s substance abuse issues or other similar conditions that would best be monitored in a formal probation environment or participation in a specialty court supervised by the Travis County District Attorney’s Office.

Application Procedure

A defendant and the attorney of record wishing to apply for acceptance into the pretrial diversion program shall complete an application. Once the application is complete, the attorney of record shall electronically submit the application and any supporting documents to TCDAPreTrial@traviscountytx.gov. The application will be reviewed and the defendant’s attorney will be notified regarding defendant’s acceptance into the program.

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Pretrial Diversion Agreement

If the offender is accepted into the program, the offender will enter into a written agreement setting out the terms and conditions of the program. The offender must also sign a plea form pleading guilty to the offense and waiving certain constitutional and statutory rights. The terms and conditions will include a specific term of supervision, an agreement to plead guilty at a revocation proceeding, an agreement not to receive credit for fees or community service performed while in the diversion program if revoked and other conditions as recommended by the Travis County District Attorneys Office.

Youthful Offender

  • A newly developed program for young offenders (ages 17-25) who would benefit from a structured therapeutic course with a focus on altering criminal behavior. This program consists of 12 months of case management, cognitive behavioral therapy and job skills training.
  • Once all conditions are successfully met, the criminal charge will be dismissed and the offender may apply for an expunction.

Program Overview

  • The Travis County District Attorney’s Office along with Adult Probation has created a Youthful Offender Diversion Program.
  • Judge Kennedy will preside over this docket. If accepted into the program, the pending criminal case will be transferred to the 403rd District Court.
  • The program will address the needs of youthful offenders (ages 17 – 25 year olds) who have minimal criminal history.
  • The program is structured to be completed within 12 – 18 months.
  • The program may consist of an evaluation/assessment, treatment, counseling sessions (both individual and group sessions) and classes. Specific conditions applicable to each participant will be enumerated in an Agreement signed by defendant, defense attorney and state’s attorney.
  • Upon successful completion of all conditions, the criminal charges will be dismissed and state will not pursue further prosecution of the offense.
  • The participant may be eligible under Article 55.01 of the Texas Code of Criminal Procedure to have the arrest expunged upon successful completion of the Youthful Offender Program.
  • Prior to entering the program, the participant will complete the appropriate paperwork to enter a plea of guilty to the charged offense, sign a judicial confession admitting guilt and accept the state’s plea offer.
  • Since enrollment in the program is limited to a maximum number of 30 participants, applications will be accepted only during a specified periods of time.
  • The first application period will open from April 1st through April 15th.
  • Application periods are anticipated to occur approximately every 60 days and applications will be accepted during specified time periods to be determined by the Travis County District Attorney’s Office and Adult Probation.
  • Applicants will be screened by an application committee to determine the most appropriate candidates for this program.
  • Applicants must observe the Youthful offender court docket in order to be considered for the program.
  • In advance of selection for the program, applicants must submit to an assessment by Travis County Probation to ensure that they are clinically appropriate for the program and to determine appropriate services.
  • Clinically appropriate applicants will be selected for the program at random.
  • Clinically appropriate applicants not selected during the initial application period will be considered for the next application period. If an applicant has not been accepted for two application periods, the applicant will not be accepted into the program.

Eligibility Criteria

The Travis County District Attorney’s Office will consider a defendant’s application for the Youthful Offender Diversion Program for most felony offenses. The applicant must be between the ages of 17 and 25 with minimal criminal and juvenile history. The following non-exclusive list of factors will be considered for a defendant’s acceptance into the program:

  • The nature and type of offense, as well as the circumstances surrounding the commission of the offense, including any potential harm to the community by the defendant.
  • The defendant’s criminal history and/or prior contacts with law enforcement, including juvenile offenses and all non-traffic offenses.
  • Defendant’s acceptance of responsibility for the underlying offense as articulated in his/her version of the offense in Section VII of the application.
  • Defendant cannot test positive for any illegal drugs or non-prescribed controlled substances.
  • Defendant’s substance abuse issues or other similar conditions that would best be monitored in a formal probation environment or participation in a specialty court supervised by the Travis County District Attorney’s Office.

Application Procedure

A defendant and the attorney of record wishing to apply for acceptance into the Youthful Offender Diversion program shall complete an application. Once the application is complete, the attorney of record shall electronically submit the application and any supporting documents to TCDAYouthfulOffender@traviscountytx.gov. The application will be reviewed and the defendant’s attorney will be notified regarding defendant’s acceptance into the program.