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 $200.00, payable upon registration.
Program Location
103 E. Alameda, Suite 501 and 45 N. 6th Avenue, Tucson, AZ 85701
What Are The Advantages Of A Diversion Program?
Your charges will be dismissed.
You will have NO criminal conviction.
Your case will NOT go to trial.
You will NOT pay a fine.
You will be evaluated for the need and type of counseling appropriate to your offense.
You will typically complete a counseling program consisting of a one-day, 7½ hour class.
If restitution applies, you will be required to pay restitution to the victim.
You will be given a total of ONE HUNDRED (100) days to SUCCESSFULLY COMPLETE the diversion program including the payment of all fees and any court ordered restitution owed to the victim.
WHAT DOES THE DIVERSION PROGRAM OFFER?
Treatment or education to deter offenders from committing further criminal acts.
Ensures that eligible offenders are held accountable for their actions by paying a fee to the program. The fee covers:
the cost of the education and treatment
the cost of prosecution
Restitution payments to the victims if this requirement is a condition of diversion
Once all fees and restitution are paid, the participant provides proof of successful completion of his/her class and receives a dismissal of the charges.
WHO IS ELIGIBLE FOR DIVERSION?
A defendant who has not previously enrolled in and completed the Prosecutor’s Diversion Program of the type offered, unless authorized by a prosecutor.
The victim is not 15 years of age or younger, unless authorized by a prosecutor.
No injury other than minor injury resulted from the current charges and the charges did not involve endangering, threatening or harassing behavior.
NO weapons or dangerous instrument was involved in the current charge.
The current charge did not involve a domestic couple, relationship, hate crime, a victim who was a police officer on duty, graffiti or gang-related activity, unless authorized by a prosecutor.
WHAT CHARGES ARE NOT ELIGIBLE FOR DIVERSION?
The Prosecutor’s Office determines eligibility on a case-by-case basis.
WHAT IS THE COST OF THE DIVERSION PROGRAM?
Intake, Evaluation, Referral and Reports to the Court: $ 50.00
Counseling /Class fees: $ 50.00
Court Fee to cover Prosecution Costs: $ 100.00
Total Cost of Diversion Program: $ 200.00
Bike Safety Diversion Program
In an effort to improve the safety of bicyclists in our community, the City Prosecutor.s Office will dismiss a cyclist.s civil traffic citation if he or she submits proof of completion of the Road 1 Safety class offered by the Pima County Bicycle and Pedestrian Program.
If you wish to take advantage of this opportunity you need to take the following steps:
Register at
www.BikePed.pima.gov or call 243-BIKE
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.
Mental Health Diversion Program
People suffering from serious mental illness who are cited for certain misdemeanor crimes are usually best served by receiving treatment rather than criminal penalties. Jail or fines have little effect when an individual's behavior is uncontrollable due to mental illness.
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 Tucson City Court, the Criminal Division of the City Attorney's Office, and the CPSA and its network of At-Risk Prov iders.