MONITORED DIVERSION PROGRAMS The Tucson City Prosecutors Monitored Diversion Program is established, to allow defendants to enter into a Diversion Agreement, prior to trial in Domestic Violence (DV) and other Criminal Cases. This program is designed to allow defendants to assume responsibility for the offense, obtain counseling, and receive monitoring services to ensure compliance and immediate feedback to the Prosecutors office during the time of diversion. This program allows for the dismissal of the charges upon successful completion of the terms of the agreement, without criminal conviction. Eligible Cases The case is one of a Domestice Violence relationship as defined in A.R.S 13-3601, and is designated as DV. Any offense which involves a dating relationship which does not meet the DV definition standards. Any first offense where counseling and monitoring is the only consequence sought by the prosecution, e.g. neglect, contributing to the delinquency of a minor, or minor aggravated assault, where rehabilitation through parenting classes the goal. The defendant has not previously had a charge dismissed for completing a Domestic Violence program in this or another jurisdiction. There are no other pending, nor prior convictions for Domestic Violence, Sexual Offenses, Assaultive or Endangering Behavior, Child Vulnerable Adult abuse; Animal Cruelty or a Felony involving violence and the case was not dismissed. A prior Domestic Violence arrest was dismissed because the victim did not appear at trial. Not more than one Domestic Violence arrest dismissal within 60 months of the present arrest, regardless of information about the victim's non-appearance / appearance at trial. The case does not involve more than minor injuries, i.e. red marks, minor bruising, a cut lip, bloody nose not involving a fracture or a scratch that bleeds. Note: Discovery of additional, more severe injury after the case is charged will render the defendant ineligible for a dismissal of the charge(s). Defendant will forfeit any fees paid to that date. Program Conditions Defendant must report to immediately for intake. Defendant must notify the Monitoring Agency of any contact with law enforcement. Defendant must submit to any urine, blood or breath testing. Defendant must participate in any additional treatment plans, which may include but are not limited to counseling, educational programs, alcohol/drug evalutions. Defendant may not terminate any treatment program without permission. Defendant must pay all fees including the Prosecution Diversion Fee ($90), the monthly monitoring fee ($30). Fees may be adjusted based on income and ability to pay. Defendant must pay all applicable fees to the Counseling Agency. Defendant must carry out all conditions set by S.I.S. No-Contact Orders will be strictly observed. The defendant will not threaten, harm or harass the victim. If required, restitution must be paid (through the Monitoring Agency). Length of Program For DV cases the program will initally be offered for a period of 9 to 12 months. The program may be terminated early upon success completion of the counseling and all other program components. For non-DV cases the program will be offered for a minimum of 6 months. The defendant must waive all Speedy Trial rights (Rule 8 and Constitutional) Completion If the defendant violates any conditions of the Diversion Program, the State will move to accelerate set matters for a Pretrial. Upon successful completion of all terms and conditions of the program, the State will move to dismiss all charges.