Redefining Wins and Losses: Further Enhancing the Prosecutor Playbook.

• Author: Jacinto, Amanda

AT THE MARICOPA COUNTY Attorney's Office, prosecution led diversion is not a new concept. Prosecutors have years of experience developing and implementing diversion programs to achieve justice outside of the traditional courtroom prosecution model. Thinking outside the box allows prosecutors to go beyond thinking in terms of convictions and instead truly focusing on ensuring justice in a given case.

To underscore the role diversion programs can play in achieving positive outcomes in criminal cases, County Attorney Bill Montgomery recently established a Diversion Program Bureau that exclusively focuses on the development, performance and sustainability of prosecution-led diversion programs.

Prosecutors are able to divert certain cases into education and treatment programs that address the offender's thinking patterns and decisions as well as issues associated with substance abuse that led to their criminal behavior. These programs will hold the individual accountable and will provide strategies and community supports for positive change. If the offender successfully completes the diversion program, charges will not be filed, or if they were already filed, they will be dismissed. If the offender is unsuccessful, they will return to traditional prosecution through the courts.

For the County Attorney's Office, diversion programs offer prosecutors another option to help seek justice and reduce recidivism. Success is measured by seeking justice for victims and the community and reducing recidivism. Diversion or deferred prosecution programs provide eligible offenders with an opportunity to stay in their communities while learning the necessary skills or getting the help they need to stop the cycle that may cause them to reoffend in the future.

This approach toward a different winning outcome is highlighted by the Bureau Chief selected to lead the new Diversion Program Bureau. Instead of a prosecutor, Montgomery chose Patricia Cordova for her extensive professional background in human services, specializing in serving the justice-involved population.

In founding the new bureau, Cordova concentrated her efforts in three main areas: developing evidenced-based programs, establishing service provider contracts with specific program standards, and setting program performance measures. Each of these identified areas centers on reducing recidivism--the primary goal for diversion programs. Contracted service providers must apply researched-informed...