What pretrial diversion or drug court programs exist in Arizona?
Arizona's voter-passed Prop 200 (1996) requires probation rather than incarceration for many drug possession offenses, alongside DA-run diversion.
1. Pretrial Intervention / Diversion (DA-Run). A.R.S. § 11-361 authorizes the county attorney to operate diversion programs; supervision 3-24 months; fees up to $200. Completion = no charge filed or dismissal.
2. Statutory Deferred Adjudication / Judicial Diversion. A.R.S. § 13-901.01 (Prop 200) mandates probation, not prison, for first/second personal drug possession; mandatory treatment; conviction enters but eligible for set-aside under § 13-905.
3. Drug Court. A.R.S. § 13-3422 authorizes drug courts; Maricopa, Pima, Pinal, Mohave operate large dockets.
4. Veterans Treatment Court. Statutorily authorized under A.R.S. § 13-905.01 (Sentencing alternatives for veterans); Maricopa Veterans Court since 2010.
5. Mental Health Court. Maricopa Regional Center for Behavioral Health and other county mental health courts operate; coordinates with AHCCCS behavioral health.
6. DUI Court. Operated at municipal/justice court level; ignition interlock under A.R.S. § 28-3319.
7. Youthful Offender. No general young-adult statute; juveniles under A.R.S. Title 8. § 13-921 (Dual sentencing) for under-18 in adult court.
8. First-Time-Offender Statute. Set-aside under A.R.S. § 13-905; certificate of second chance under § 13-905(K)-(O); sealing under A.R.S. § 13-911 (effective 2023) for many offenses after waiting periods.
9. Effects. Diversion completion = no conviction; Prop 200 results in conviction but with set-aside path. Federal databases persist.
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; DAZ operates a PTD program.
This is legal information, not legal advice.
- You face first or second drug-possession charge and need to invoke Prop 200 under § 13-901.01
- You want admission to a drug or veterans court but the prosecutor opposes
- You qualify for sealing under § 13-911 after completing diversion
- A.R.S. § 11-361
- A.R.S. § 13-901.01
- A.R.S. § 13-3422
- A.R.S. § 13-905
- A.R.S. § 13-911
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.