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Justice Court Diversion

Addressing substance use
Reducing contact with formal court processing
Description
An education program for those meeting eligibility criteria and cited or charged with given misdemeanor offenses.
How long has the program been operating?
1-2 years
If applicable, what approach, method, or goal best describes the diversion program?
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?
Other

Defendants are assessed using the Texas Christian University (TCU) Drug Screen V. Those with a substance use disorder (SUD) are assigned a SUD class and those not to having a SUD are assigned a cognitive behavioral class.

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 a community-based provider to deliver the education classes. Second, instead of utilizing community supervision staff to monitor diversion defendants., we rely upon the community-based provider to track and report to us whether defendants attend and complete their assigned education class. Third, diversion defendants are responsible for paying assessment, and education costs. Fourth, recently the Maricopa County Attorney’s Office has received American Rescue Plan Act (ARPA) funding to help offset defendant costs (intake and education).

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 Justice Court Diversion Programthe assigned Deputy County Attorney considers the defendant’s current charges and their criminal history. Eligible defendants must be charged with one of 14 specific offenses and they must have only one charge. Prosecutors can deviate from this last requirement. If they have more than one chargethe charges must be related. Defendants are ineligible if they have a prior felony convictiona conviction involving a serious offensea misdemeanor conviction within the previous five years or they previously completed a diversion program.
What are the programmatic options and/or requirements for the diversion?
Attend programming that is not a behavioral health intervention
Pay fines or fees
Other

Complete one of two eight-hour classes involving topics related to either substance use disorder or cognitive behavioral education.

How long does the diversion program usually last on average for someone who completes successfully?
Other

Education class is 8 hours and defendant must complete the class within 90 days of accepting diversion.

How does the diversion program impact your office's resources?
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 provider 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 misdemeanor charges. DSG staff salaries and operating costs are paid by the Maricopa County Attorney’s Office (MCAO) not the defendants. ARPA funding is used to help offset defendant costs (intake and education). No MCAO funds are used to pay for defendant education classes.

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