Adult Pre-Arrest Diversion (OC-PAD)

Orange County Pre-Arrest Diversion (OC-PAD) Program

The purpose of the Orange County Pre-Arrest Diversion (OC-PAD) program is to provide law enforcement officers discretion to divert individuals who commit eligible misdemeanor offenses away from the criminal legal system to resources and programing that educates, addresses therapeutic needs, and reduces the direct and collateral consequences of criminal court involvement. 

The OC-PAD process begins with a referral to the Diversion Coordinator from law enforcement or the Orange County District Attorney’s Office.  Instead of issuing a criminal citation to appear in court or making a formal arrest, the officer will confirm program eligibility (no prior criminal history) for OC-PAD, complete an incident report and OC-PAD referral form, and give the individual a contact card that includes a brief summary of the program and instructions to contact the Diversion Coordinator within 72 business hours (Monday – Friday).

The Diversion Coordinator will meet with the referred individual to complete an intake assessment and prepare a diversion plan. A diversion plan typically includes programming tailored to address the behavior/actions of the alleged offense(s). For example, a diversion plan could include community service, mental health and/or substance use treatment, and/or educational and restorative justice opportunities. On average, programming is completed in 90 days or less. Once the individual successfully completes the requirements of their diversion plan, their file is closed and charges are not filed.

This program should not be used UNLESS the law enforcement officer would otherwise initiate a formal criminal process.

Eligibility

• 18 years or older
• No prior adult criminal record (can have prior Department of Juvenile Justice and Delinquency Prevention involvement)
• No prior OC-PAD or Misdemeanor Diversion Program (MDP) involvement  
• Must have committed one or more of the following eligible offenses or have the consent of the District Attorney:
  • Contributing to the Delinquency of a Minor (14-316.1)
  • Disorderly Conduct (14-288.4)
  • Fraudulent Identification (18B-302)
  • Executive Directive/Order (COVID-19)
  • Intoxicated and Disruptive (14-444)
  • Local Ordinance Offenses (Loitering, Panhandling, Public Urination, Sleeping on Park Bench, Noise Ordinance)
  • Open Container (20-138.7)
  • Possession of Drug Paraphernalia (90-113.22)
  • Possession or Consumption of Alcoholic Beverage in State Park – Eno River State Park (07 NCAC 13B .1003 (a) [G.S. 143B-135.6]
  • Resist/Delay/Obstruct (14-223)
  • Second Degree Trespass (14-159.13)
  • Shoplifting (14-72.1)
  • Simple Assault/Affray (14-33(a))
  • Simple Possession of a Controlled Substance (90-95(a) (3)
  • Underage Drinking Consume and/or Possession (18B-300)
  • Unleashed Animal in a Park – Eno River State Park (07 NCAC13B .1004) [G.S. 143B-135.6]

Conditions

• Final discretion on diversion referral remains with law enforcement and the Orange County District Attorney’s Office
• Restitution, if required, must be resolved outside the OC-PAD process

Submit a referral to OC-PAD

Orange County Diversion/Deflection Referral Form