SUMMARY
Diverting from prosecution those defendants who are likely to be found incompetent to proceed; the program utilizes historical data to help identify newly-charged defendants on whom competency was previously raised. Appropriate clients are released from custody, provided wraparound services, and if clients adhere to program requirements, are eventually diverted from prosecution.
BACKGROUND
Clients who return to the competency system following a previous involvement comprise a significant proportion of the competency restoration waitlist. Moreover, competency clients often lack housing and other resources to live without entanglement in the emergency health, crisis response, or criminal justice systems. Those charged at the county court level often present low risk to the community, and many are therefore good candidates for prosecutorial diversion, after showing success being monitored and provided resources in the community.
ELEMENTS
Case management, system navigation, wraparound services, including emergency and temporary housing, transportation assistance, mobile phone, hygiene items, clothing, and nutritional assistance
PROGRAM STAFF
Program administrator, program coordinator, behavioral health navigators, diversion officer, screening and release planners, and salaries for a public defender and prosecutor to help staff the court aspects of the program
CAPACITY
60 clients at a time
ANTICIPATED OUTCOMES
Decrease in individuals who require admittance to the state hospital for competency restoration; Diversion from prosecution for individuals who would otherwise become involved in the competency restoration system; Increase in treatment service engagement during and after justice involvement
STANDOUT ASPECTS
The cross-referencing of newly-charged/booked individuals against a database of prior individuals found incompetent to proceed in the jurisdiction is innovative. This could be an emerging practice to be implemented in each district to identify clients who should be further screened and considered for diversion. Additionally, with agreement from the Office of the State Court Administrator and the Office of Civil and Forensic Mental Health, the creation of a statewide cross-reference database would allow for providing local officials a list of newly-charged individuals who match – thus automating this process and with a larger statewide dataset. Moreover, the level of care provided to clients to facilitate a diversion outcome is outstanding.
FUNDING
$2,159,208 for three years