The crux of this recommendation is the need for more dispositional diversion programs for individuals with mental illness who come in contact with the criminal justice system. Pretrial diversion programs have been in existence in many jurisdictions for decades, serving mostly first-time offenders or those charged with minor offenses.  The earliest diversion programs were based on the recognition that the justice process itself could be harmful - in some instances, criminogenic - and that for certain types of defendants, "diverting" them from the traditional process into a rehabilitative program and holding their charge in abeyance would reduce the likelihood of recidivism. ^[1]      This same recognition surfaces when considering the person with a mental illness who is charged with a crime.

There are jurisdictions that provide pretrial diversion opportunities specifically for defendants with mental illness.

Several jurisdictions have been developing models for community prosecution, in which prosecutors reach out to the community to seek input and assistance in both preventing and responding to crime.  Community prosecution may be an effective vehicle for expanding the opportunities for diverting from prosecution people with mental illness.