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Felony Diversion Program

Restorative justice
Addressing substance use
Reducing contact with formal court processing
Description
A treatment program for individuals charged with specific felony offenses and meeting other eligibility criteria.
How long has the program been operating?
1-2 years
If applicable, what approach, method, or goal best describes the diversion program?
Restorative justice
Addressing substance use
Reducing contact with formal court processing
Other

Promote the efficient use of prosecutorial resources, hold defendants accountable for criminal conduct and mitigate the collateral consequences of a criminal conviction.

At what stage of the process does the diversion program occur?
After the case is filed/charged, but before the defendant enters a plea

What population is your program intended to serve?
People with substance use disorders
Other

Defendants are assessed for different criminogenic needs and are provided treatment and drug testing in accordance with their respective criminogenic needs.

How are participants identified for the diversion program?
Line prosecutor who receives case decides about diversion
Other

Are there any factors specific to your jurisdiction that influence how you structure this diversion program?
Diversion program authorized/mandated by state law
Statutes that prohibit the use of diversion for people charged with particular offenses
Other

First, we use community-based providers to perform treatment and drug testing services. Second, instead of utilizing community supervision staff to monitor diversion defendants., we rely upon the community-based providers to track and report to us the progress defendants make on their treatment plans. Third, diversion defendants are responsible for paying assessment, treatment and drug testing costs. Fourth, recently the Maricopa County Attorney’s Office has received American Rescue Plan Act (ARPA) funding to help offset the costs (assessment, treatment and drug testing) incurred by non-Medicaid (Arizona Health Care Cost Containment System-AHCCCS) eligible defendants. A sliding scale has been developed to determine fees defendants must pay. The scale is based upon the Federal Poverty Level. AHCCCS pays the assessment and programming fees for AHCCCS-insured defendants and if required, ARPA funding covers their drug testing fees.

Does your office have informal or written policies about this diversion program's criteria/eligibility?
Yes
If applicable, please describe the diversion program's criteria/eligibility.
In order to be eligible for the Felony Diversion Programthe assigned Deputy County Attorney considers the defendant’s current charges and their criminal history. Eligible defendants cannot be on felony probationhave a prior felony conviction nor any conviction involving a serious offense or a dangerous crime against children. Defendants will be ineligible if charged with a DUIrobberyarson or any crime involving the use of a firearm or the infliction of significant physical injury. The defendant is ineligible if s/he has completed a felony diversion program within the previous five years. In order to be eligiblethe case must present a reasonable likelihood of conviction and if there is restitutionit cannot exceed $2000.
What are the programmatic options and/or requirements for the diversion?
Receive behavioral health assessment
Attend behavioral health intervention
Follow individualized case management plan
Pay restitution
Pay fines or fees
Other

If defendant is assessed and determined to have a substance use criminogenic need then they must comply with drug testing requirements related to their risk to re-offend.

How long does the diversion program usually last on average for someone who completes successfully?
3-6 months

How does the diversion program impact your office's resources?
Programmatic costs are covered by health care system or other stakeholder(s)
Programmatic costs are grant funded (including federal, state, local, or private funds)
Other

Once a Deputy County Attorney (DCA) offers diversion to a defendant, staff from the Diversion Strategies Group (DSG) work with defense attorneys, the providers and sometimes the defendant to get them enrolled and then discharged. If the defendant unsuccessfully completes the diversion program then DSG staff work with the respective DCA to re-instate their felony charges. DSG staff salaries and operating costs are paid by the Maricopa County Attorney’s Office (MCAO) not the defendants. No MCAO funds are used to pay for defendant treatment or drug testing.

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