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Domestic Violence Excessive Response

Addressing domestic violence
Reducing contact with formal court processing
Description
For adults whose response to a partner is excessive when there is a history of domestic violence against the accused by the partner.
How long has the program been operating?
1-2 years
If applicable, what approach, method, or goal best describes the diversion program?
Addressing domestic violence
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

This diversion program is for felony offenders whose response to an intimate partner was excessive and when there is a distinct history of domestic violence against the accused by the partner.

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 services. Second, we do not utilize community supervision staff to monitor diversion defendants. We rely upon the community-based provider to track and report to the Maricopa County Attorney’s Office the progress defendants make on their treatment plans. Third, diversion defendants are responsible for paying assessment and treatment costs. Most defendants are eligible for Arizona Health Care Cost Containment System (AHCCCS - Arizona’s version of Medicaid) and AHCCCS pays for their assessment and treatment costs. The Maricopa County Attorney’s Office has received American Rescue Plan Act (ARPA) funding to help offset the costs (assessment and treatment) incurred by non-AHCCCS eligible defendants. A sliding scale has been developed to determine fees defendants must pay. The scale is based upon the Federal Poverty Level.

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 Domestic Violence Excessive Response (DVER) programthe assigned DCA considers the defendant’s current charges and their criminal history. DVER is for adult offenders with specific lower-level eligible domestic violence related feloniesand their offense must involve an intimate domestic partner. The offender can demonstrate (by means other than just self-reporting) that the victim has a history of committing acts of domestic violence against the offender. The case can not involve the infliction of serious physical injury. Eligible defendantswith some exceptionscannot have a historical prior felony conviction nor any conviction involving a serious offense or a dangerous crime against children. The defendant cannot have other pending criminal cases besides personal possession of drugs. Eligible defendants cannot be on felony probation nor have completed a felony diversion program within the previous five years. Eligible defendants cannot have misdemeanor convictions for child abuse or other crimes involving the abuse or harm or potential or attempted abuse or harm of children. In order to be eligible for DVERthe case must present a reasonable likelihood of convictionand 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

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)
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.

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