Wayne County, MI - Prosecutor of Wayne County

The Wayne County Prosecutor's Office, together with the Detroit-Wayne County Community Mental Health Agency, the Wayne County Jail Mental Health Department and other agencies have developed a plan for case dispositions of offenders who are either mentally ill or developmentally disabled. This program is commonly known as the Mental Health Diversion Program. This plan involves placing offenders in a treatment-based system rather than traditional incarceration. Mental Health professionals at the Wayne County Jail, assistant prosecutors, defense counsel, and the courts identify potential candidates for this program. Program objectives are to reduce the pre-trial jail population through reduced stays of these offenders, decrease the length of court proceedings for these offenders and identify those offenders who will benefit from the early intervention of treatment and placement afforded by this program.

A. This program (sometimes referred to as "Mental Health Diversion") seeks to identify and refer for treatment criminal defendants in the county jail who can benefit from community mental health treatment for a mental illness, emotional disturbance or developmental disability.

A. Too often, the jail is utilized as a homeless shelter or psychiatric hospital of "last resort." When mentally ill, non-violent, low-level offenders are moved out of jail and into the community mental health system, they receive the treatment they need, and jail space is made available for truly dangerous offenders.

A. Defendants who can benefit from mental health treatment and who are otherwise appropriate for community supervision are eligible. This evaluation is made by the Prosecutor's Office and is based on the following factors: the charged offense(s); behavioral health history; underlying conduct described in police reports or witness statements; sentencing guidelines; the defendant's past criminal history; evidence of past violent or assaultive conduct; adjustment to past sentences of probation or mandatory treatment; and feedback from victims, the police, and/or the defendant's family.

Q. How does this program differ from the Prosecutor's Pre-Trial Diversion Program?

A. Pre-Trial Diversion focuses on first-time offenders and generally results in a dismissal of the charge(s). The "Mental Health Diversion" program focuses on the jail population and generally results in a plea of guilty and a sentence of probation. Occasionally, a defendant qualifies for both programs, but, given that few first-time offenders remain in jail for any length of time (most are given a "personal bond" by the judge), this is relatively uncommon.