Diversion Programs

Diversion Program for First Time Offenders
The diversion program is run in collaboration with Southwestern Intervention Services (S.I.S.) and Tucson City Court. This program provides many first-time offenders of specified categories of misdemeanors an opportunity to participate in relevant counseling rather than proceeding through the court system and establishing a criminal record. Through counseling and classes, participants are guided toward alternative methods of managing and understanding the kind of behavior that lead to criminal activity. Participants who successfully complete diversion receive a dismissal of the misdemeanor charge(s) from Tucson City Court and avert the development of a criminal record.

How it Happens
Prosecutors offer eligible defendants the diversion option at their arraignment (first appearance) ONLY.  Those who accept are directed to Southwestern Intervention Services, Inc. S.I.S. provides cost-effective, professional intake, assessment, referral, and monitoring, including referral to one of 27 local counseling agencies. Participants cited with substance abuse charges attend substance abuse counseling. Participants cited for shoplifting, disorderly conduct, theft, etc. attend adult responsibility classes. Participants cited for specific animal code violations attend a humane education class.

In addition to collecting appropriate program fees and documents, S.I.S. tracks defendants’ progress in counseling,  takes appropriate action with those who fail to comply with program requirements, and prepares the documentation when defendants successfully complete the diversion program. The entire cost of the program is $180.00, payable upon registration.

Program Location
103 E. Alameda, Suite 501 and 45 N. 6th Avenue, Tucson, AZ 85701

If you wish to take advantage of this opportunity you need to take the following steps:

1. Register at www.BikePed.pima.gov or call 243-BIKE
2. Bring proof of completion to the City Prosecutor's Office located at 103 E. Alameda, Suite 501 prior to  your next scheduled court date

The class is free. Part 1 of the class lasts for 3 hours and includes a review of state and local laws and a discussion of crash types and crash avoidance techniques. Part 2 of the class is required for completion of the course and requires a bike in good ridable condition.

A cyclist who has had his or her citation dismissed through this program is not eligible for another dismissal for one year.

The Mental Health Diversion Progam (MHDP) was implemented to enable menta lly ill offenders charged with a misdemeanor the option of participation in community-based treatment programs instead of continuing forward with a standard prosecution. The offender must meet specified criteria and be connected to an approved service provider to qualify. Candidates must agree to be monitored by the Community Partnership of Southern Arizona (CPSA), throughout th e duration of the program, which is usually 180 days.

The Mental Health Diversion Program is a cooperative effort between the T ucson City Court, the Criminal Division of the City Attorney's Office, and the CPSA and its network of At-Risk Prov iders.

WHAT IS THE DSL DIVERSION PROGRAM
The Tucson City Prosecutor's Traffic Safety/Driving on a Suspended License program was established to provide defendants with an opportunity to enter into a diversion agreement prior to trial on minor criminal traffic violations and the specific charge of driving on a suspended license.

Successful completion of this program in accordance with the terms of the diversion agreement results in the dismissal of the charges and no criminal conviction on the participant's record. Through participation in this program a defendant assumes responsibility for his or her offense, attends a relevant education class, prepares a budget (when appropriate) and makes a plan for remediation.

ELIGIBLE CASES

1. This is the participant's first offense for a minor criminal traffic-related violation or the violation of driving on a suspended license.
2. 1.Or, if the participant has prior convictions on the charges, the prosecutor believes the benefits to the community and the defendant outweigh the benefits of prosecution.

PROGRAM CONTIONS

1. The participant must report to Southwestern Intervention Services (SIS) immediately for intake.
2. The participant must notify the monitoring agency of any contact with law enforcement.
3. The participant must attend an appropriate education program proscribed by the monitoring agency.
4. The participant must pay fees, including the prosecution fee ($90.00), the case management fee ($40.00) and the education class fee ($50.00).

PROGRAM LENGTH
Following the immediate intake at SIS, participants are allowed a total period of 120 days to complete the program.

PROGRAM COMPELETION REQUIREMENTS
Program completion includes the following components:

1. Completion of the intake at SIS immediately following acceptance of the diversion offer in Tucson City Court.
2. Payment of prosecutor, case management, and education class fees.
3. Attendance at the relevant assigned education class.
4. When the charge is a result of a driving on a suspended license, participants are required to obtain a driving history printout from the Motor Vehicle Department.
5. When the participant's driving privileges were suspended due to unpaid fines, agency staff will assist the participant in preparing a budget designed to resolve those fines.
6. Upon completion of the budget, agency staff will prepare the dismissal documents and remit them to the proper attorney at the City Prosecutor's Office.
7. The defendant must waive all speedy trial rights to participate in the program (Rule 8 and Constitutional).

COMPLETION
If the participant violates any conditions of the diversion program, the State will move to accelerate and set matters for pretrial.

Upon successful completion of all the terms and conditions of the diversion program, the State will move to dismiss all relevant charges in Tucson City Court.