Once the prosecutor agrees to offer the defendant the opportunity to participate in pretrial diversion, the defendant is interviewed by a representative of the pretrial diversion program to determine the most appropriate conditions of diversion.  These pretrial diversion programs, which also monitor compliance with diversion conditions, fall administratively either within the office of the prosecutor or report to the prosecutor.

A defendant should be informed of the specific program requirements, length of program duration, and sanctions for noncompliance.  Because people with mental illnesses, in many instances, will have difficulty understanding this information and following through on their requirements, extra care is required to ensure that these defendants report for initial intake into the appropriate service and continue their participation. 

Pretrial diversion programs that serve people with mental illness should recognize that this population often presents a range of problems that should be addressed in an integrated fashion.  They may need assistance in locating affordable housing, in handling their finances, in traveling back and forth to diversion program appointments, or in obtaining employment or job training.  All pretrial diversion programs that serve people with mental illness should be designed to address these problems.

Recommendations:

a.

Ensure that interview protocols used by pretrial diversion staff on defendants with mental illness include questions to identify those with co-occurring substance abuse disorders.

b.

Design pretrial diversion conditions to address individual issues presented by each defendant.

c.

Develop guidelines on compliance and termination policies regarding defendants with pretrial diversion conditions that recognize the needs and capabilities of people with mental illness.