Many Arizona county- and municipal courts have diversion programs where eligible defendants can get their criminal charge dismissed if they successfully complete various sentencing terms such as doing rehab, undergoing counseling, and paying restitution. The purpose of diversion is to treat defendants rather than punish them in the hopes that treatment will keep them from re-offending.
Note that ARS 11-361 disqualifies defendants from doing diversion if either:
- They have been previously convicted of a sexual offense, a serious offense under ARS 13-706, a dangerous offense, or a dangerous crime against children under ARS 13-705; or
- They have three or more prior convictions of personal possession of drugs or drug paraphernalia.
The following are some of the diversion programs offered in Maricopa County:
Animal Cruelty Diversion
Certain defendants charged with misdemeanor or felony-level abuse or neglect of an animal may be able to get their case dismissed upon successful completion of Animal Cruelty Diversion. The judge will suspend prosecution for two years while the defendant completes curriculum by the Animal and Society Institute (ASI), which is in turn administered by SAGE Counseling.
Treatment typically involves group and/or individual counseling. Defendants usually have to pay restitution as well.
The length of treatment will vary depending on the case. If the defendant does not complete the program, the prosecutor will ask the court to reinstate prosecution.
Learn more about Animal Cruelty Diversion.
Domestic Violence Excessive Response Diversion (DVER)
Defendants charged with lower level domestic violence felonies may be eligible for DVER if:
- They can show that the “victim” is an intimate partner who has committed domestic violence against the defendant; and
- There was no serious physical injury.
The judge will suspend prosecution for two years while the defendant completes a certain “Track” based on his/her risks of reoffending and gender. Defendants undergo counseling by SAGE, including cognitive-behavior intervention. Defendants may also have to pay up to $2,000 in restitution.
The length of treatment will vary depending on the case. If the defendant does not complete the program, the prosecutor will ask the court to reinstate prosecution.
Learn more about DVER.
Felony Diversion Program (formerly Drug Diversion and Felony Pretrial Intervention Program)
Eligible felony defendants with minimal criminal history – including certain drug crimes – are assessed and placed on a “Track” for treatment. This may include cognitive-behavior group counseling, individual counseling, and drug testing.
The judge suspends prosecution for two years while the defendant undergoes diversion. If defendants fail to complete treatment, prosecution will be reinstated.
Learn more about the Felony Diversion Program.
Justice Court Diversion
Justice Court Diversion gives certain misdemeanor defendants 90 days to complete eight-hours of SAGE counseling. Track 1 is for people with substance abuse problems, and Track 2 is for other defendants. If the defendant fails to complete his/her program, prosecution will be reinstated.
Learn more about Justice Court Diversion.
Serious Mental Illness – Felony Diversion Program (SMI-FDP Diversion)
Eligible defendants for this program have a serious mental illness, are facing lower-level felony charges, and have minimal criminal histories. Defendants are assessed and undergo an individual treatment plan that involves cognitive behavior treatment, group counseling, role-playing, and life skills training.
The judge suspends prosecution for two years while the defendant undergoes diversion. If defendants fail to complete treatment, prosecution will be reinstated.
Learn more about SMI-FDP Diversion.
