Adult Diversion and Alternatives to Incarceration Initiatives

Instructions for Diversion Referrals:
For Public Defenders and Private Counsel

The DAO’s Charging Unit evaluates most cases for diversion eligibility. If you wish to request consideration or reconsideration for diversion, please do so as early as possible prior to a trial listing. Email referral requests must include the following information:

1. Name of defendant;
2. Name of program;
3. Associated docket number; and
4. Court date of next listing and room.

Below is the list of diversion programs that a defendant may be referred to. Please utilize the corresponding emails for referral requests:

Diversion Unit Initiatives

Summary Diversion Program

Program Eligibility

Most summary citations will be eligible for the summary diversion program, with the following exceptions:

• No injury to others or property damage;
• Cruelty to Animals;
• Criminal Mischief; and
• Cutting Weapons / Other

Additionally, citations issued by the following agencies are not eligible for diversion, and are automatically scheduled for trial:

• Pennsylvania SPCA;
• Department of Agriculture;
• Vehicle Fraud Investigations; and
• Department of Revenue

 

Disposition

The program is pre-plea, and upon successful completion of the program, prosecution is withdrawn.

 

Details and Length

The First Judicial District manages this program and cases are administratively listed in Summary Diversion. If this is the first time an individual is charged with underage drinking or false identification, the First Judicial District will amend the charge to disorderly conduct to prevent a driver’s license or permit suspension upon successful completion of the program. If an individual is cited again with underage drinking or false identification, PennDOT will be notified and a license or permit suspension will ensue.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Attend a Saturday Summary Diversion Program at the Criminal Justice Center; and
• Pay a $200 class fee in full the day of the program

Upon successful completion, the First Judicial District will automatically expunge the individual’s summary arrest record within approximately nine months.

If the participant fails to complete the program conditions, the case will be scheduled for trial.

Accelerated Misdemeanor Program – Tier I (AMP I)

Program Eligibility

Individuals charged with a non-violent misdemeanor who have minimal criminal convictions are considered for AMP I.

 

Disposition

The program is pre-plea; the case is maintained in a pre-trial status until completion of program.

 

Details and Length

Participants are required to either complete 12 or 18 hours of community service or provide proof of drug treatment. The First Judicial District’s Community Service Coordinator provides details on approved community service sites, and payments towards court costs must be made in the Criminal Justice Center or online. The average length of time from program acceptance to completion is five weeks.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Provide verification of community service hours, and
• Provide verification of payment of court costs and any restitution

Upon successful completion, prosecution is withdrawn. Participants’ cases are eligible for expungement without DAO opposition.

If the participant fails to complete the program conditions or is arrested on new charges before program completion, the District Attorney’s Office will carefully review the circumstances and consider escalating the participant to AMP II, or revoking the AMP I offer entirely and scheduling the case for trial.

 

Number of People Served January-December 2018

Approximately 1,500

Accelerated Misdemeanor Program – Tier II (AMP II)

Program Eligibility

Individuals charged with a non-violent misdemeanor who have a prior criminal history, including recent non- violent convictions, are considered for AMP II. Participants are often in need of drug treatment or affiliated services.

 

Disposition

Participants are offered either a Section 17 or 18 no contest plea, Disposition by Agreement, or a Negotiated Stipulated Trial (NST) with a guilty disposition. The individual is not required to register with probation.

 

Details and Length

Philadelphia Health Management Corporation (PHMC) case managers conduct a social services assessment during a participant’s first court listing. Participants who are determined not to be in need of treatment are offered between 24-36 hours of community service. If PHMC concludes that a participant would benefit from drug treatment, PHMC staff conduct a drug and alcohol assessment to determine the appropriate level of treatment care, and make a referral to a Philadelphia treatment provider. Any individual who resides out-of- county or who has private insurance will be provided instructions on how to seek treatment services independently. A court disposition is entered once the participant returns to court with proof of drug treatment and it is verified by PHMC staff. Individuals must be in compliance with treatment provider requirements. The average length of time from program entry to completion is approximately six months.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Provide verification of continued proof of treatment, or in some cases community service hours, and
• Provide verification of payment of court costs and any restitution

Upon successful completion, Section 17 or Section 18 no contest pleas may be eligible for expungement

depending on the individual’s criminal history. Dispositions by Agreement are eligible for expungement, while Negotiated Stipulated Trials are not eligible for expungement.

If the participant fails to complete the program conditions, they may be found in violation of the program and sentenced in court.

 

Number of People Served January-December 2018

Approximately 2,000

Sexual Education and Responsibility (SER)

Program Eligibility

Defendants charged with the misdemeanor offense “Patronizing a Prostitute” are considered and accepted at the discretion of the DAO.

 

Disposition

The program is pre-plea for individuals with minimal criminal convictions and the case is maintained in a pre- trial status.

The program is post-plea for individuals with more substantial criminal convictions, where a Section 17 or Section 18 no contest plea, or a Negotiated Stipulated Trial (NST) with a guilty disposition, are offered. The individual is not required to register with probation.

 

Details and Length

Cases are listed in the AMP program. In lieu of community service, defendants are required to attend a one- day program offered by the Joseph J. Peters Institute (JJPI). JJPI’s SER program utilizes group therapy, relational processing and motivational interviewing techniques to address six areas of clinical focus: the health risks associated with purchasing sex, the relationship between prostitution and human trafficking, the negative impact of sex work in the community, the potential for criminal victimization while engaging in commercial sex, sexual compulsion/addiction, and relapse prevention.

SER is held on the second Saturday of each month from 9 AM to 1 PM. Defendants are required to pay a one- time $250 program fee, and are also liable for court costs consistent with the AMP I program.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Provide verification of attending JJPI Saturday session, and
• Provide verification of payment of the program fee and court costs.

Upon successful completion, individuals who have cases listed in AMP I will be eligible for expungement without opposition. Section 17 or Section 18 no contest pleas may be eligible for expungement depending on the individual’s criminal history. Negotiated Stipulated Trials are not eligible for expungement.

If the participant fails to complete the program conditions, they may be found in violation of the program and sentenced in court.

 

Number of People Served January-December 2018

Approximately 150

Accelerated Rehabilitative Disposition (ARD)

Program Eligibility

ARD serves individuals who generally have minimal criminal history and are charged with relatively minor offenses. Participants are accepted at the discretion of the District Attorney’s Office after careful review of their case. The program accepts both misdemeanors and felonies.

 

Disposition

The program is pre-plea; the case is maintained in a pre-trial status until completion of program. Participants must agree to a probationary sentence with conditions imposed.

 

Details and Length

Participants complete the terms of ARD under the supervision of the probation department. Participants are expected to comply with the terms of the program for a period ranging from six months to no more than two years. Specific lengths are based upon the nature of the charges. ARD conditions generally include payment of court costs and restitution, and may include participation in rehabilitative classes and/or community service. If restitution is requested by a victim/witness, the participant is expected to pay at least 25% of restitution owed at the first ARD listing date, and if the restitution amount exceeds $2,000, the participant is required to pay it down to the $2,000 threshold before program entry.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Receive verification from the Probation Department of the participant’s completed ARD terms, and
• Provide verification of payment of court costs and any restitution

Upon successful completion, the criminal charges are dismissed and the First Judicial District will periodically expunge eligible cases. Defense counsel may also file an expungement motion.

If the participant fails to complete the program conditions, their case will either remain open until all conditions are met, or it will be removed from the program and the case will be scheduled for trial. Examples of grounds for removal include: committing another offense while participating in ARD, failure to make required restitution payments, and failure to complete special mandates such as attending an anger management class.

 

Number of People Served January-December 2018

Approximately 1,000

DUI-Accelerated Rehabilitative Disposition (DUI-ARD)

Program Eligibility

DUI-ARD only serves individuals charged with their first misdemeanor DUI offense. Individuals are accepted at the discretion of the District Attorney’s Office after careful review of their case. If an individual has had a DUI case expunged in the past 10 years, no one other than the individual can be killed or seriously injured, and no passenger in the individual’s vehicle under the age of 14, they are not eligible.

 

Disposition

The program is pre-plea; the case is maintained in a pre-trial status until completion of program. Participants must agree to a probationary sentence ranging from 6-12 months with conditions imposed.

 

Details and Length

DUI-ARD requirements include safe driving school, a court reporting network (CRN) evaluation from Livengrin to assess substance use, and a drug and alcohol assessment, which dictates whether someone is mandated to treatment. There are three blood alcohol content (BAC) tiers. Tier 1 is for BAC between 0.08-0.099. Tier 2 is for BAC between 0.1 – 0.159, and includes a license suspension. Tier 3 is for BAC above 0.16 or the presence of narcotics, and includes a license suspension. A license suspension also applies if someone is under 21 years old or the case involves an accident, regardless of the tier.

Additional conditions of DUI-ARD include payment of court costs and restitution, and may include participation in rehabilitative classes and/or community service. If restitution is requested by a victim/witness, the participant is expected to pay at least 25% of the restitution at the first ARD listing date, and if the restitution amount exceeds $2,000, the defendant is required to pay it down to the $2,000 threshold before program entry. Participants complete the terms of DUI-ARD under the supervision of the probation department. They are expected to comply with the terms of the program for a period ranging from six months to no more than one year. Specific lengths are based upon the nature of the charges.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Receive verification from the Probation Department of the participant’s completed DUI-ARD terms, and
• Provide verification of payment of court costs and any restitution

Upon completion of the program, a participant’s charges are dismissed and the First Judicial District will periodically expunge eligible cases. Defense counsel may also file an expungement motion.

If the participant fails to complete the program conditions, their case will either remain open until all conditions are met, or it will be removed from the program and the case will be scheduled for trial.

 

Number of People Served January-December 2018

Approximately 1,000

Philadelphia Treatment Court (PTC)

Program Eligibility

PTC serves individuals who are typically charged with a non-violent offense and have limited criminal histories. Both felony and misdemeanor offenses are accepted. The Public Health Management Corporation (PHMC) conducts a clinical evaluation of each new participant, evaluates whether their arrest was connected to their behavioral condition(s), and prepares a treatment plan. The DAO will also consider arrests involving other factors such as school zone mandatories or drugs above different weight thresholds on a case-by-case basis; however, the presence of guns or other weapons will disqualify individuals from participating in PTC. The individual must be a resident of Philadelphia.

 

Disposition

The program is post-plea where participants plead no contest after establishing a treatment plan.

 

Details and Length

Participants are assigned a first listing within 10 days of their arrest. Typically, the program covers four phases over a twelve-month period, with a range of programmatic incentives and sanctions to encourage progress:

• Phase I: one month – detoxification, clinical assessment, and referrals
• Phase 2: three months – intensive treatment
• Phase 3: four months – intensive treatment and life skills
• Phase 4: four months – pre-graduation preparation with continued focus on life skills
• Post-graduation: 12 months – graduation, aftercare, and alumni association

Case managers or probation officers will update the court on the participant’s progress. Regular court listings, urine testing, and participation in individual or group counseling are typical during involvement in PTC. Access to additional services—such as recovery housing, vocational training, counseling, medical treatment, medication assisted treatment (MAT) and employment placement—can be coordinated through the court.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Complete the four phases of the program, and
• Provide verification of payment of court costs and any restitution

Upon completion of the program, the participant’s no contest plea will be withdrawn and the charges are dismissed with prejudice. If a participant remains arrest free for one year, their case may be expunged.

If the participant fails to complete the program conditions, their no contest plea will allow the Judge to enter a verdict of guilty and sentence the individual in court.

 

Number of People Served January-December 2018

Approximately 350

Intermediate Punishment (IP) – non DUI (County and State)

Program Eligibility

County IP serves individuals charged with non-violent misdemeanor or felony offenses with no convictions for crimes of domestic violence or sexual assault, and they are clinically dependent on substances. The individual must be a resident of Philadelphia. County IP is utilized more frequently than State IP and meets the needs of most IP-eligible people.

State IP serves individuals charged with non-violent misdemeanor or felony offenses with no convictions for crimes of violence; however, they have a more extensive criminal history and they are clinically dependent on substances. The individual must be a resident of Philadelphia.

 

Disposition

Both County IP and State IP require a participant to enter a guilty plea.

 

Details and Length

County IP

Participants undergo a Forensic Intensive Recovery (FIR) evaluation. This evaluation helps the court determine an appropriate treatment plan for the defendant. Three types of treatment most frequently recommended: intensive outpatient, short-term inpatient and long-term inpatient.

County IP is divided into two Tiers:

1) Tier 1: This is a non-house arrest IP program for participants in Level 3 of the Sentencing Matrix. Participants must follow the treatment recommendations of the FIR evaluation and they will be placed on intensive IP probation. Intensive probation will include monthly home visit and increased office visits. After the participant successfully completes one year of IP, they will be placed on a general probation for an additional year. The total sentence is 2 years of

2) Tier 2: This is the traditional IP house arrest program for participants in Level 4 of the Sentencing Matrix. The type of treatment needed will determine the length of house arrest to be served. The length and details of County IP are as follows, though probation tails will be determined on a case-by- case basis:

a) Intensive outpatient—will require one year of IP which consists of six months of house arrest and 40 hours community service, followed by two years of reporting

b) Short-term inpatient—will require one year of IP which consists of three months of house arrest and 40 hours community service, followed by two years of reporting

c) Long-term inpatient—will require one year of IP which consists of 40 hours community service, followed by two years of reporting

State IP participants are offered State IP as an alternative state prison sentence. If the participant accepts consideration for State IP, the participant is committed to the Department of Corrections for a thorough drug evaluation. The Department of Corrections provides a report to the court within 60 days, and if the individual is suitable for the program they will be sentenced to 24 months of IP. This two-year sentence begins in a State Correctional Institution (SCI) and is completed in the community. The sentence is compromised of the following:

1. A minimum of seven months spent in SCI and no less than two months spent in an institutional drug/alcohol treatment
2. A minimum of two months in a community based inpatient drug/alcohol treatment
3. A minimum of six months in a drug/alcohol outpatient treatment facility.
4. A period of reintegration into community for the remainder of the

If the individual is deemed to not be in need of drug/alcohol treatment, they will automatically receive the alternative state sentence offered by the Commonwealth at the time of their plea. The individual pleads guilty knowing that if they are not accepted into the program, the alternative state sentence automatically applies.

The alternative state sentence is at the discretion of the DAO and based on the facts of the case and the individual’s record, including arrests and convictions.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Satisfy their IP requirements upon completion of their

Individuals are not eligible to have their records expunged upon termination of their case.

Infractions in either County or State IP will result in the individual receiving one of the program’s graduated sanctions. Examples of sanctions include extending the participant’s probation period or repeating certain treatment requirements.

 

Number of People Served January-December 2018

Approximately 200

DUI Treatment Court (DUI-TC) and DUI Intermediate Punishment (DUI-IP)

Program Eligibility

DUI-TC and DUI-IP target individuals with at least one prior DUI offense. DUI-TC is not available in cases where a person other than the individual was seriously injured or killed or if there was a passenger under the age of 14 in the individual’s car at the time of the offense. There are two eligibility groups for these programs:

 

1. Potential 90 day mandatory minimum cases

Participants in this group are initially reviewed for DUI-TC. Factors such as residency, details of the specific incident and prior criminal history are considered. If an individual is not eligible for DUI-TC, but is otherwise eligible for IP sentencing under the statutory guidelines for Intermediate Punishment, they will be referred to the DUI-IP program. Typically this includes individuals with numerous or serious prior contacts with the criminal justice system, and who are in the level 3 or 4 of the Sentencing Matrix.

 

2. Potential one year mandatory minimum cases

Participants in this group are initially reviewed using statutory guidelines for DUI-IP sentencing; however, additional factors such as residency, details of the specific incident and prior criminal history are also considered.

 

Disposition

Participants plead guilty.

 

Details and Length

DUI-TC

Participants facing a 90 day mandatory sentence are mandated to 10 days in custody. If they have proof of work, they may be eligible to serve their sentence on the weekends. The remaining portion of their mandatory sentence is served on house arrest. Participants facing a one year mandatory sentence must serve 90 days in custody with the remaining period on house arrest. Based on a pre-plea screening, some individuals may be eligible for work-release while in custody.

Upon release from custody, participants enter a court-run program that consists of four phases. This program takes one year to complete and works to address the participant’s substance use disorder through treatment. The program’s four phases prioritize abstinence and include mandatory treatment, regular urine testing, meetings with case managers and attendance at monthly progress listings before a supervising judge.

Participants are required to use a sobrietor machine as part of the program. Infractions will result in the participant receiving one of the program’s graduated sanctions, such as writing essays, increased reporting, additional treatment, and/or further incarceration.

 

DUI-IP

This is available only to individuals with a potential 90 day case. Participants are required to spend 20 days in custody and serve the remaining 70 days on house arrest. This will be followed by 275 days on IP probation. While on IP probation, the participant will need to report regularly to their probation officer, submit regular urine tests and attend the Forensic Intensive Recovery (FIR) recommended treatment program. At the conclusion of IP probation they are required to serve a subsequent year under general probation supervision. Additionally, participants must complete 40 hours of community service.

 

Program Completion and Expungement Eligibility

DUI-TC

In order to successfully complete the program, an individual must:

Complete the four phases, including the payment of restitution and mandatory court

Upon completion, court supervision is terminated. Participants are not eligible to have their records expunged. Failure to remain in compliance may result in a violation of probation hearing.

DUI-IP

In order to successfully complete the program, an individual must:

• Remain in compliance with the terms of IP and subsequent probation supervision, and
• Pay any outstanding restitution and/or mandatory court

Upon completion, their court supervision in terminated. Participants are not eligible to have their records expunged.

Failure to remain in compliance may result in a violation of probation hearing.

 

Number of People Served January-December 2018

Approximately 300

TCY

Program Eligibility

TCY’s goal is to create opportunities for individuals who wish to change their lives through education, life skills and workforce development. Targeted participants are between the ages of 18-30 years old charged with Possession with Intent to Deliver a Controlled Substance (PWID), a felony charge. Individuals generally have no more than one prior misdemeanor conviction and no more than two open PWID cases. Participants are not clinically drug dependent and are accepted on a case-by-case basis at the discretion of the District Attorney’s Office. Generally, only cases with less than 10 grams of any schedule I or II narcotic will be accepted, although exceptions are made on a case-by-case basis.

 

Disposition

Participants enter a no contest plea.

 

Details and Length

TCY is managed by JEVS Human Services. If a participant accepts the TCY Program, they enter into a one month TCY Orientation Phase. Successful completion of the orientation requires a participant to: 1) attend programming daily, 2) participate in workshops, classes and individual coaching sessions, and 3) complete 30 hours of community service hours. If a participant is not recommended for the TCY Program after the orientation phase, their case will be removed from the program and relisted for trial.

If a participant successfully completes orientation, they will then enter a no contest plea and waive their preliminary hearing. During the one year TCY Enrollment Phase, participants engage in a variety of activities including: 1) case management, 2) job readiness and job placement, 3) 190 hours of community service, 4) educational enhancement, life skills and cognitive behavioral therapy, and 5) court check-ins every 6-8 weeks with the TCY judge. Additionally, participants are required to communicate weekly with their JEVS Employment Advisor. Graduated sanctions are imposed for those participants who are in the TCY Enrollment Phase and fail to comply with the requirements of the program.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must complete the TCY Enrollment Phase.

Upon successful completion, their case will be dismissed with prejudice. If one year after program completion the participant does not get re-arrested and subsequently convicted, and all court costs and lab fees are paid, their TCY case will be eligible for expungement. If the participant fails to complete the program conditions, participants will have a guilty verdict entered by the Court and will be sentenced accordingly.

 

Number of People Served January-December 2018

Approximately 75

 

Domestic Violence Diversion

Program Eligibility

The program serves individuals charged with a first-time domestic violence misdemeanor. The charge cannot be a felony, nor can it include strangulation, the use of a weapon, serious injury, sexual abuse, stalking, protection from abuse order violations, or the presence of minors. The case cannot have originated as a felony even if it is remanded to a misdemeanor. Individuals must not have any previous arrests or convictions for domestic abuse-related charges. They cannot be on probation or parole for a felony, have records of revoked probation, have two or more open misdemeanor cases, have been convicted of a violent felony within the past 10 years, or have an extensive bench warrant history.

The majority of eligible cases will be identified by the District Attorney’s Office Charging Unit. Cases are classified as DV based on the relationships of the parties involved (intimate or previously intimate, or familial). Referral requests for individuals who were not initially flagged by the DAO Charging Unit for diversion will also be considered.

 

Disposition

Participants’ prior history of arrests, convictions and severity of the present incident are used in determining admittance into Tier I or Tier II.

• Tier I, no plea is entered and the case is maintained in a pre-trial
• Tier II requires a conditional guilty plea which remains in an “open” status until program

 

Details and Length

The program lasts an average of six months. Both intimate partner and non-intimate partner cases are

evaluated by the Public Health Management Corporation’s (PHMC) Forensic Services Department (FIR). If it is determined that someone is in need of drug, alcohol or mental health treatment, that person must complete the treatment plan recommended by the FIR evaluator.

 

The main difference between intimate partner and non-intimate partner diversion is the type of treatment required for completion of the program. Intimate partner participants will be required to complete treatment at Menergy or another recognized batterer’s intervention program (BIP). Non-intimate or familial cases are referred to outpatient treatment at the Men’s Resource Center. Participants may also be referred to Joseph J. Peters Institute (JJPI), which works with people with co-occurring substance use/mental health issues or people who require interpreter services.

 

The initial status listing will occur within 30 days of a participant’s official entry into the program, and subsequent status listings will be scheduled based upon the participant’s progress in the program.

 

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Pay any restitution owed and mandatory court costs, and
• Avoid new arrests or convictions, as well as further issues with the victim/survivor.

Prosecution will be withdrawn when all terms of the program have been met, as determined by the service provider. Participants may file a motion for expungement after 12 months though the Commonwealth reserves the right to oppose the expungement request.

If a Tier I participant is unsuccessful, their case will be scheduled for trial. If a Tier II participant is unsuccessful, the participant will be sentenced in court.

 

Number of People Served January-December 2018

Approximately 150

Project Dawn Court (PDC)

Program Eligibility

In order to be eligible for PDC, someone must currently have an open case for prostitution. Additionally, knowing and intentional possession of a controlled substance (K&I) cases are also considered for PDC. “Prostitution” and “solicitation to commit prostitution” are typically co-occurring charges and are accepted into the court; “patronizing a prostitute” charges are not accepted. Criminal convictions that preclude eligibility include F1 crimes of violence and sex offenses. Individuals are accepted at the discretion of the District Attorney’s Office after a careful review of their case.

 

Disposition

PDC participants formally enter a no contest plea that is held in abeyance during program engagement.

 

Details and Length

PDC seeks to connect women engaging in sex work with a continuum of social services. The program provides referrals to substance use and mental health treatment as well as trauma-informed counseling. The entire program consists of four phases:

• Forensic Intensive Recovery (FIR) evaluation for referral to drug/alcohol and mental health services and inpatient treatment (short-term or long-term) (30 days)
• Intensive outpatient program/recovery housing, and connection to Joseph J. Peters Institute (JJPI) sexual trauma services (90 days)
• Outpatient treatment (120 days)
• Independent housing plan, solidifying post-program care plan, and graduation (120 days)

Participants are required to appear in court monthly where progress is assessed before the Judge. Violations of the program’s terms result in the participant facing a series of escalating sanctions, such as restarting a phase of the program. Participants can complete the program within one year of acceptance.

Program Completion and Expungement Eligibility

In order to successfully complete the program, an individual must:

• Successfully complete the four phases of the program

If completed, they are permitted to withdraw their plea and prosecution is withdrawn. If the individual remains arrest free for one year the case may be expunged.

 

Number of People Served January-December 2018

Approximately 40

Mental Health Court (Court of Common Pleas)

Program Eligibility

Candidates must reside in Philadelphia and have an Axis I mental health disorder, a traumatic brain injury or an intellectual disability. Misdemeanor and felony cases are accepted at the discretion of the DAO and the Court.

 

Disposition

Competent individuals plead guilty to charges as offered by the DAO and agree to abide by the conditions of Mental Health Court (MHC) at the time of sentencing. In special circumstances, an individual may be offered entry into MHC without conviction. Incompetent individuals may participate in MHC without conviction at the discretion of the DAO and the Court.

MHC is also available to individual’s post-conviction and accepted at the discretion of the DAO. Such cases will be listed either in the sentencing judge’s courtroom, or in the MHC courtroom. In order to access MHC post- conviction, an attorney should contact the assigned MHC ADA.

 

Details and Length

MHC provides an alternative to incarceration for people with serious mental illness and co-occurring disorders by connecting individuals to effective treatment modalities in appropriate community settings. The court employs a multidisciplinary, collaborative approach that combines intensive wrap-around treatment and individualized probation supervision. Participants receive services across a continuum of care by the Department of Behavioral Health. All participants undergo a mental health clinical assessment, and the results of the evaluation determine appropriate treatment and residency placement. The results of the clinical assessment are required elements of program engagement for MHC participants. Beyond the clinical assessment, independent progress goals are set for each client.

Participants receive routine court statuses where progress and compliance are closely monitored. Those who show a record of compliance may earn incentives, which include less frequents court dates, gift cards, recognition in yearly achievement ceremonies, or even early termination of their sentence. Those who are non-compliant receive sanctions, which may include jury box observations, written essay assignments, increased frequency of court dates and/or probation visits, short or long-term custody, or removal from the program.

 

Program Completion

Participants remain under the supervision of MHC until the presiding Judge terminates their case because a participant has: 1) complied with all the treatments goals, 2) met the maximum treatment they can receive, 3) maintained a day-to-day independent life with connection to treatment, and 4) demonstrated they are not a danger to themselves or the community. The program can also expire when the supervision legally terminates; however, probation will be revoked and a new period will be ordered if the Court determines the defendant needs additional supervision and treatment services.

 

Expungement Eligibility

If there is no conviction, expungement may be possible upon completion of MHC.

Mental Health Court (Municipal Court)

Program Eligibility

Courtroom 1103 seeks to address the needs of individuals diagnosed with a mental illness at the preliminary listing stage. Candidates must have a documented mental illness, traumatic brain injury, or an intellectual disability. Misdemeanor cases are accepted.

 

Disposition

Participants may enter a plea or participate in Mental Health Court (MHC) without a conviction at the discretion of the DAO and the Court.

 

Details and Length

Participants receive services across a continuum of care by the Department of Behavioral Health. All participants undergo a mental health clinical assessment unless they have documentation of a prior diagnosis and treatment. The results of the evaluation determine appropriate treatment and residence placement.

Beyond the clinical assessment, independent progress goals are set for each client. Participants receive routine court statuses where progress and compliance is closely monitored.

 

Program Completion

Participants remain under the supervision of MHC until the presiding Judge terminates their case because a participant has: 1) complied with all the treatments goals, 2) met the maximum treatment they can receive, 3) maintained a day-to-day independent life with connection to treatment, and 4) demonstrated they are not a danger to themselves or the community. The program can also expire when the supervision legally terminates; however, probation will be revoked and a new period will be ordered if the Court determines the defendant needs additional supervision and treatment services.

 

Expungement Eligibility

If there is no conviction, expungement may be possible upon completion of MHC.

Mental Health – Competency Track (Municipal Court)

Program Eligibility

Courtroom 406 seeks to address the needs of individuals diagnosed with a mental illness at the preliminary listing stage who are determined to be incompetent. As such, candidates must be found legally incompetent due to their mental illness. Misdemeanor cases are accepted.

 

Disposition

No disposition is entered while an individual’s case is listed in court to assess competency.

 

Details and Length

When an individual is referred to courtroom 406, there is a mental health detainer lodged in order to conduct a competency evaluation. If they are incompetent they will be committed to an available local institution. If they are assessed as acceptable to be released on a house release plan, then they will be brought back for periodic status dates in courtroom 406 to check on progress.

 

Program Completion

If someone is restored to competency, the case is sent to a) a preliminary court listing for trial consideration, b) CP Mental Health Court, or c) MC Mental Health Court. Often the severity of the case will dictate which courtroom the case is sent to. If the person never regains competency, then their case will be kept in courtroom 406 and the attorneys will try to resolve the case through determining the severity of crime and level of care needed. Otherwise, the individual will be civilly committed.

 

Expungement Eligibility

If there is no conviction, expungement may be possible.

Veterans Court

Program Eligibility

Eligible participants must have an open criminal case and be a former or active duty member of a branch of the United States Armed Forces. Felony and misdemeanor cases are eligible for consideration. Eligibility is assessed on an individual basis, taking into consideration the facts and charges of the instant case, prior criminal history, nature of discharge from military service, and additional relevant information. Participants are initially referred for Veterans Court consideration at the time of charging, but additional referrals can be made any time prior to trial by defense counsel or Assistant District Attorneys with knowledge of a defendant’s veteran status. A participant’s veteran status is confirmed with the Veterans Administration (VA) prior to admission into the program. The individual must be a resident of Philadelphia.

 

Disposition

Each eligible case is reviewed for offers on a case-by-case basis. Cases may proceed by way of a pre-trial status, a no contest plea, or a negotiated stipulated trial, depending upon the facts and charges of the instant case, a participant’s prior criminal record and additional relevant information. The length of each participant’s term also varies and is assessed using the same criteria.

 

Details and Length

When an individual accepts a Veterans Court offer, they are evaluated by either the Veteran’s Administration (VA) if they are eligible for VA services, or the Department of Behavioral Health (DBH). Based on the results of the evaluation, the VA or DBH will make a recommendation as to the appropriate services and treatment options that best meet the needs of each individual veteran. Possible services include but are not limited to: substance use treatment, mental health treatment, medical referrals, housing referrals, and employment training and assistance. These recommendations form the basis of the conditions a participant is responsible to meet in order to successfully complete Veterans Court.

During their time in Veterans Court, participants will appear in court at regular intervals for a progress update before the judge. Reports are prepared by all organizations and providers working with a particular veteran in order to gauge compliance and identify additional areas of necessary support. Participants will also meet regularly with the designated Probation Officer assigned to Veterans Court. Each participant is assigned a Mentor—a fellow veteran from the VA—to guide them through the process and provide assistance and emotional support. While participants receive acknowledgements from the Court for success and compliance, they are also subject to sanctions for non-compliance. Serious and/or prolonged non-compliance may be grounds for termination from Veterans Court.

If applicable, completion of treatment can count as credit towards a portion of any unserved prison sentence. Specific program lengths vary by crime and disposition; however, Veterans Court oversight will not exceed the length of any legal sentence.

 

Program Completion and Expungement Eligibility

Cases are resolved by satisfaction of the requirements laid out for each individual veteran, as well as the expiration of the term of supervision agreed to at the time the Veterans Court offer was made. Upon successful conclusion of the program, cases that have been entered by way of pre-trial status or no contest plea are eligible for expungement once the cases have been terminated by the Court.

 

Number of People Served January-December 2018

Approximately 100