Los Angeles: On June 14, 2021, the Los Angeles Police Department (LAPD), in partnership with the Alternatives to Incarceration (ATI) Office, the Los Angeles County District Attorney’s Office (LADA), the Los Angeles City Attorney’s Office (LACA), and Special Services for Groups (SSG) will begin an adult diversion program called the ATI Pre-File Diversion Program. This program concept comes out of the newly formed Los Angeles County ATI Office, created by the Board of Supervisors in March 2020 and launched in September 2020 to advance the County’s vision to provide care and treatment instead of jail whenever possible.
The ATI Pre-Filing Diversion Program (diversion) will divert individuals arrested for select misdemeanors and non-violent felonies to community support programs in lieu of filing criminal charges, prosecution, and transportation to county jail facilities. The LAPD 77th Street jail facility will be the first LAPD jail selected for this program, with the anticipation of expanding diversion services to the LAPD Metropolitan Detention Center and LAPD Van Nuys jail in the near future.
The LAPD sees great opportunity in developing and participating in meaningful diversion programs which may reduce recidivism and enhance public safety.
• At police station and prior to transport to County jail, individuals are screened by law enforcement agencies, to determine eligibility based on arresting offense and past criminal history as well (has a mental health or substance use disorder, and/or houseless);
• If deemed eligible, participant will be referred to onsite service provider, who will immediately assess the individual, identify the appropriate treatment and services needed, arrange for the provision of the treatment and services, and transport the participant to treatment facility, housing, or additional service provider.
• The service provider will develop an individualized care plan and will provide case management, as well as, housing and service linkage for each participant. Care plans include program components and suggested program duration period (only the latter shared with prosecuting agency);
• Program components will include a plan to restore harm caused to any identified victim(s), including restitution where feasible.
• Culturally competent programming will consider the participant’s racial, ethnic and religious background as well as the participant’s sexual orientation and gender identity.
• Service providers inform prosecuting agencies within 48 hours if a participant leaves the program prior to completion, at which point, prosecuting agencies can determine the appropriate response.
• Service providers will also provide the prosecuting agency with notice of program completion.
• Filing of a police report by the prosecuting agency will be held in abeyance for a period, depending on the individualized care plan developed for the participant; – in most instances, no more than 3 months for misdemeanors and nine months for felony allegations.
• When the service provider notifies the prosecuting agencies that the participant has substantially completed their program, the police report is archived and not acted upon. No criminal charges will be filed for the alleged incident which lead to the participant’s arrest.
• Mental Health disorder;
• Substance Use Issues; and,
• Eligible participants will be screened for amenability. Excluding offenses include:
• Active felony warrants;
• 290 Penal Code Registrants (sex crime convictions);
• Arson convictions;
• Arrest with gun or other dangerous weapons; and,
• Conviction or history of violent offense in the last five years
• Domestic violence/stalking
• Vehicle-related misdemeanors, or DUI
• Reduction in arrest rates for all individuals, especially individuals with substance use and mental health needs;
• Decrease in costs related to incarceration;
• Reduction in court costs associated with criminal prosecution;
• Reductions in recidivism rates for program participants;
• Increase service linkage rates for justice-involved individuals; and,
• Increased diversion program completion rates