- General Diversion
- Intensive Supervision Diversion
- Treatment Diversion
- Veteran's Diversion
- Mental Health Diversion
Lancaster County and the City of Lincoln Diversions Programs consist of several unique programs intended to help an individual overcome their charges and avoid the consequences of having a criminal record. Participation in any program is voluntary. Each program has specific criteria for eligibility. See each programs tab for individual program and eligibility criteria.
Intensive Supervision Diversion (ISD) is a less restrictive way to support individuals charged with a felony offense related to substance use but who would otherwise be over supervised in the Adult Drug Court program. ISD enables individuals charged with drug related felony offense who also have a minimal criminal history to live successfully in the community and reduce the risk of relapse and recidivism. ISD is a voluntary program and an opportunity to prevent entrance into the criminal justice system by offering appropriate but intensive community-based interventions.
The screening process for ISD and Adult Drug Court are the same. Based upon the assessment scores and evaluation, clients will be determined eligible for either ISD or Adult Drug Court.
Treatment Diversion began in April 2021 with a focus on serving individuals charged with a nonviolent felony in need of substance use/and or mental health treatment. Treatment Diversion was primarily developed in response to an increasing number of possession of controlled substance cases. Although Treatment Diversions primary focus is possession of controlled substance cases, other felony and misdemeanor charges may be eligible for the program.
FORMAL ELIGIBILIY REQUIREMENTS
- Applicants must be veterans or current members of the U.S . Armed Forces who are eligible or can become eligible for VA Health Care services.
- Applicants must be veterans or current members of the U.S. Armed Forces who are diagnosed with, have screened positive for, or have a pending claim of a trauma spectrum disorder (e.g., PTSD and TBI) related to their combat military service.
- Applicants must be able to provide evidence that supports a connection between the trauma experienced in their military service (i.e., the injury) and the criminal conduct. A lack of criminal history prior to deployment is considered strong evidence of the connection.
- Applicants must not have a criminal history of the following offenses: 1) sexual assault, 2) child abuse/neglect, 3) general assaultive behavior towards people or animals , 4) any weapons offense.
Generally, the ordinance violations listed as eligible, ineligible, and case-by-case eligible also apply to applicants for Veterans Pretrial Diversion (VPD.) If one charge is an ineligible offense, a person may not enter VPD for any other charges arising out of the same event. Applicants with pending criminal cases involving ineligible offenses may not enter VPD.
Eligibility Criteria & Program Conditions
Mental Health Diversion is a supportive intervention initiated by the prosecutor’s office to prevent individuals with mental illnesses from unnecessarily entering and/or returning to the criminal justice system.
Mental Health Diversion offers structured, supervised intervention designed to reduce recidivism and incarceration among individuals with mental illness.
The program promotes recovery by providing case management, facilitating links to local resources and identifying support within the community to ensure long term stability.
Mental Health Diversion enables individuals with mental illness to live more successfully in the community and reduces the risk of homeless, unemployment or unstructured activity and institutionalization.
Who May Participate?
Because of the nature and course of serious mental illness, prior participation in diversion does not automatically disqualify an individual.
Individuals with misdemeanor charges:
- Who also have a verifiable diagnosis of or have screened positive for a severe mental illness.
- Diagnostic evaluation must be completed if screened positive.
- Individuals with a primary diagnosis of developmental disability and a secondary diagnosis of a severe mental illness are eligible.
- Where current criminal charge and any past criminal activity can be correlated to mental illness.
- Where the charge is typically not eligible for general Pretrial Diversion, may be considered on a case by case basis. For example; resisting arrest, public indecency.
Individuals with non-violent felony charges:
- may be considered on a case by case basis
- Class II or 3A are excluded
Documents and Forms
- Approved Medication List
- Community Service Guidelines
- Community Service Tracking Log
- Constitutional Rights Questionnaire
- Daily Schedule
- Diversion Waiver - Speedy Trial
- ETG Agreement
- Job Contact List
- Medication Log
- Opioid Medication Plan
- Opioid Overdose Flyer
- Outside Agency Tester Information and Agreement
- Release of Information
- Resident Search Agreement
- Voluntary Drug Testing Statement