ARIZONA STATE SENATE
Phoenix, Arizona
municipal prosecution; diversion
Permits the chief prosecutor of a city or town to establish a diversion program that provides for the dismissal of a criminal complaint if the program’s requirements are successfully completed.
According to the City of Phoenix Prosecutor’s Office, prosecutors have the inherent authority to divert the prosecution of criminal offenders. Current law establishes that a county attorney has the sole discretion to decide whether to divert or defer prosecution. However, municipal prosecutors only have the statutory authority to divert in cases involving a domestic violence offense.
Diversion programs provide offenders the opportunity to avoid the court process, participate in counseling services and potentially have criminal charges not filed or dismissed. With the option of diversion, a prosecutor can decide to divert prosecution in three ways:
a) the defendant agrees to participate in the diversion program and the prosecutor does not file charges, pending successful completion of the program,
b) a trial is held and charges are filed, but the complaint is dismissed after the defendant fulfills the diversion program’s requirements, or
c) the defendant pleads guilty to the offense, participates in a diversion program and charges are dismissed.
Although statute does not specify that the chief prosecuting officer of a city or town has the authority to establish a diversion program, the City of Phoenix Prosecutor’s Office reports that the chief prosecuting officer has administered offender diversion programs for several years. H.B. 2283 codifies current practices relating to diversion program establishment.
There is no known fiscal impact to the state associated with this legislation.
1. Grants a city or town’s chief prosecutor the authority to establish a diversion program for criminal offenders, whereby successful completion of the program results in dismissal of an offender’s criminal complaint.
2. Denies diversion program eligibility to persons accused of a crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
3. Provides the prosecutor sole discretion to decide when to divert prosecution if diversion occurs before a guilty plea or trial.
4. Allows the diversion program to be structured so that an offender is required to plea guilty before entering the program.
5. Provides for a general effective date.
JUD 3/26/02 DPA 10-0-0-0-0
3rd Read 4/04/02 49-5-6-0
Prepared by Senate Staff
April 12, 2002