Enrollment

(a) Notification. Upon receiving notice of an eligible criminogenic risk assessment, the diversion court director shall notify the diversion court team of the referral. The director shall also notify the prosecutor of the referral. (b) Evaluation. The diversion court team shall meet in person, hold a conference call, or communicate electronically to review the referral. As part of this review, the diversion court team shall confirm the candidate meets all program criteria, sufficient resources exist to admit the candidate to diversion court, and the prosecutor does not object under the grounds and within the timeline stated in these rules. (c) Prosecutor Review. The prosecutor, either state or city, may object to an individual’s enrollment in diversion court only on grounds that the person has communicated a serious threat of physical violence to a reasonably identifiable victim and the person has the apparent intent and ability to carry out such a threat; that the person has communicated a serious threat to destroy reason- ably identifiable property and the person has the apparent intent and ability to carry out such a threat; or that the person has a history of known physical violence. The prosecutor must object to enrollment within 60 hours of the preliminary mental health screen. Nothing in this rule shall prohibit the prosecutor from subsequently moving for an enrolled participant’s termination from diversion court due to noncompliance with a treatment or case plan. (d) Invitation. If the candidate meets all program criteria, resources suffice, and the prosecutor does not object under the grounds and within the timeline stated in these rules, the diversion court will invite the person to participate in diversion court. The diversion court will extend this invitation as soon as reasonably possible and within 72 hours of the arrest. (e) Acceptance. To accept the invitation, the person must consent to behav- ioral health or co-occurring treatment and services, random drug screening, waiver of the right to a speedy trial, and team member access to confidential medical and treatment records. If the individual so accepts, the prosecutor shall agree to hold any charges in abeyance contingent on compliance with the diversion court requirements, including completion of individualized treat- ment plan. History: Adopted April 23, 2024, effective July 1, 2024.