A New Smart Prosecution Innovation: Pre-Filing Diversion

The Marathon County District Attorney’s Office will utilize funding to serve Marathon County’s pursuit of a smart prosecution innovation called Pre-Filing Diversion. This application seeks consideration under the Priority 1A designation through creating specialty pre-filing tracks, including a Veterans Pre-Filing Diversion program, a Mental Health/Substance Use Disorder (MHSUD) Pre-Filing Diversion program, as well as Special Victim Crimes Diversion Program. These tracks will correspond to multi-disciplinary team meetings with appropriate stakeholders present in order to make decisions that align public safety with trauma-informed and evidence-based practices. Pre-Filing Diversion operates by routing appropriate incoming files through a multi-disciplinary team for eligibility screening. Upon acceptance and in compliance with victims’ rights, a prosecutor gives defense their best possible offer for case resolution. Upon agreement, the process utilizes one court appearance for initial appearance, plea, and sentencing, or sends the file for the appropriate Diversion Program. The goals of this novel process include: reducing the time between the date of police referral and the sentencing date for swifter justice and connection to services; reducing the number of times a charge is amended from filing to sentencing; and ensuring that all veterans in the criminal justice system are screened and processed through a multi-disciplinary team consisting of veteran stakeholders to create a person-centered resolution.