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Tobacco Education Diversion

Description
Tobacco Education is for retailers and their employees who are cited for selling tobacco products to minors. It teaches them how to comply with relevant laws.
How long has the program been operating?
4-10 years
If applicable, what approach, method, or goal best describes the diversion program?
Other

Ensure tobacco retailers comply with laws regarding sales of tobacco products to minors. Public health impacts as well as unlawful behavior is addressed.

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

The Arizona Attorney General’s Office partners with the Arizona Department of Health Services to operate the Counter Strike program. Youth volunteers, accompanied by special investigators from the Attorney General’s Office, enter tobacco retailers and attempt to purchase tobacco products. If the retailer sells a tobacco product to the youth volunteer, they may be given a citation for furnishing tobacco to a minor, and referred to the Arizona Retail Tobacco Education class.

What population is your program intended to serve?
Other

On behalf of the Arizona Office of Attorney General and the Arizona Department of Health Services, the MCAO offers the Arizona Retail Tobacco Education class to retailers and their employees who were cited for selling tobacco products to minors. The Tobacco Education class is administered by a community-based provider. This program is designed to educate retailers and their employees on how to comply with state and federal laws that regulate youth access to tobacco.

How are participants identified for the diversion program?
Referral from school or other community partner

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 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 Arizona Retail Tobacco Education classthe assigned Deputy County Attorney considers whether a retailer has sold tobacco products to a minor and been cited in accordance with state law and by the Counter Strike program operated by the Attorney General’s Office and the Arizona Department of Health Services.
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 a three-hour class involving how to comply with state and federal laws that regulate youth access to tobacco.

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

Three hours

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 charges. DSG staff salaries and operating costs are paid by the Maricopa County Attorney’s Office (MCAO) not the defendants. Federal funding is used to help offset defendant education costs. No MCAO funds are used to pay for defendant education classes.

Jurisdiction flag