The Gwinnett County District Attorney’s Office requested the investigation, a GBI spokesperson said. The bureau has not provided details about what it is examining. Solicitor General Lisamarie Bristol declined an interview, and the DA’s office declined to comment.

The program directs donations to the Georgia Wildlife Federation, a conservation nonprofit. Each payment is capped at $175, and the solicitor’s office had collected $3,675 through Oct. 8, according to the federation’s executive director, Mike Worley. The program began a little over a year ago.

Pretrial diversion programs can give people accused of lower-level offenses a path to resolve cases without a conviction, often through community service or other requirements. Gwinnett’s program uses eligibility guidelines that include a risk assessment and is intended for minor cases; people accused of serious offenses are excluded.

Kay Levine, an Emory University law professor who studies prosecutor-led diversion, said donation-based programs are unusual. She said they raise concerns because defendants’ ability to pay could affect who benefits from diversion.

Bristol has defended the program as lawful and said her office is cooperating with the investigation. She was elected in 2022 and won the Democratic primary in May. She has no Republican challenger in November.

Other prosecutors have established programs that connect diversion with charitable support. Fulton County Solicitor General Keith Gammage said his Operation Feed Fulton program lets some people facing low-level traffic offenses donate $75 to the Atlanta Community Food Bank. He said the program helps provide meals to people in need. The program has operated since 2021.

The GBI’s inquiry comes as prosecutors’ discretion in diversion programs draws attention to how alternatives to prosecution are designed and who can access them. Donations may benefit charitable organizations, but experts say safeguards matter to ensure that a person’s finances do not determine the outcome of a case.