Maricopa County Attorney’s Office establishes new prosecution policies

PHOENIX – With 90% of criminal charges ending in plea agreements, the Maricopa County Attorney’s Office has established new policies to better guide the handling of cases.

The new policies are intended to provide prosecutors and judges with more discretion to address individual suspects rather than the crimes.

“Every case is individual, every defendant is individual,” Maricopa County Attorney Allister Adel told KTAR News 92.3 FM. “The posting of these policies for public review is necessary to help ensure trust in government and the criminal justice system.”

For the first time in the history of the county attorney’s office, the new plea policies are posted online for easy access for the public.

Adel described the prior policies as “rigid,” saying they left no discretion to judges while prosecuting. As a result, sentences were often predetermined. Now, the county attorney’s office wants prosecutors to look at defendants as they are – individuals with unique backgrounds and circumstances who committed specific acts.

“We are looking at treating the offender and not the offense; we want to get people help and back to work,” Adel added. “Often they’re committing other crimes … due to underlying issues such as mental health and drug addiction.”

The new policies allow prosecutors to classify offenders on one of six different tracks. The classification based on their “criminogenic needs” or likelihood to commit another crime or relapse.

“How likely is it that they are going to reoffend? What are their cognitive issues related to this?” Adel added. “Once the risk assessment is done, they will put these people into one of these tracks where they will be able to get connected to what will make them successful.”

Earlier this year, the Maricopa County Attorney’s Office announced the new Felony Diversion Program to provide an alternative for those facing criminal prosecution. The new program also removed the fee associated with the diversion course allowing more people to access the resources without financial barriers. The initial launch date of the program was April of 2020 but was pushed back to May 18 in response to the coronavirus pandemic.

In the midst of the health crisis, more than 1,300 people facing criminal prosecution in Maricopa County were referred to the county’s new Felony Diversion Program, allowing people to receive treatment in place of prosecution.

The new program combines what was formerly known as the Drug Diversion Program and Felony Pre-Trial Intervention Program and offers a more robust treatment option that addresses the specific underlying behaviors and attitudes that affect criminal behavior.

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