Rule 6 Diversion Court Team Members and Roles

The diversion court team shall consist of the diversion court judge, a prosecutor, defense counsel, treatment provider, case manager, law enforcement representative, and a certified peer mentor.

(a) Judge. The judge shall preside over diversion court proceedings and has final authority to rule on motions and other legal issues in a case. The judge has authority to impose treatment and case plans based on input from team members and authority to terminate a participant from diversion court for noncompliance with the plans. Based on input from the team, the judge shall determine when a participant is eligible for graduation from the program.

(b) Prosecutor. The prosecutor shall represent the interests of the State, or municipality, and victims in screening cases, evaluating an individual’s eligibility to participate in diversion court, and providing input on treatment and case plans. The prosecutor has authority to deny an individual’s enrollment in diversion court based on the public safety grounds identified in these rules. The prosecutor may move for a participant’s termination from diversion court for noncompliance with a treatment or case plan. The prosecutor shall provide input concerning the participant’s progress in the program, and the participant’s termination or graduation from the program.

(c) Defense Counsel. Defense counsel assists a participant in understanding the diversion court proceedings by explaining program requirements and benefits, the legal ramifications of participation, and possible consequences of noncompliance. Defense counsel assists a participant in making informed decisions about the program, and understanding waivers and agreements the participant must execute. Defense counsel shall provide input concerning the participant’s progress in the program, and the participant’s termination or graduation from the program.

(d) Treatment Provider. The treatment provider performs assessments of the participant, determines the appropriate treatment, and furnishes that treatment, including the prescribing of medication. Clinical treatment may be for behavioral health, substance abuse, or general health, and may be provided in individual or group settings. Where appropriate, the treatment provider may connect the participant to a certified peer mentor and may extend treatment to include social services in areas such as education, vocational training, employment, transportation, and housing. Treatment providers submit progress and compliance reports and recommendations to other team members at intervals directed by the judge. The treatment provider shall provide input concerning the participant’s progress in the program, and the participant’s termination or graduation from the program.

(e) Case Manager. The case manager shall facilitate, coordinate, and monitor the provision of treatment and resources to the participant and communicate with team members concerning the treatment and resources and the participant’s cooperation and compliance. In instances where the treatment provider does not connect the participant to a certified peer mentor and does not provide or facilitate access to social services related to matters such as education, vocational training, employment, transportation, and housing, the case manager will connect the participant to a certified peer mentor and social services. The case manager shall maintain a case management file of all records held concerning a participant, including printed and electronic information regardless of the source of the information. The case manager shall provide input concerning the participant’s progress in the program, and the participant’s termination or graduation from the program.

(f) Law Enforcement Representative. The law enforcement representative shall represent the interests of law enforcement and provide input on treatment and case plans, the participant’s progress in the program, and the participant’s termination or graduation from the program.

(g) Peer Mentor. A peer mentor provides peer support to a participant and assists a participant in navigating public behavioral health and medical services systems. The peer mentor may provide support to the participant during hearings, meetings, and treatment as requested by the participant and the team. A peer mentor promotes wellness by sharing personal experiences with a participant and the team.