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Felony Therapeutic Programs
About the Program
The Felony Diversion, Therapeutic Alternatives to Prosecution (TAP), and Adult Recovery Court (ARC) Programs are post-charging alternatives to prosecution for adults charged with certain felony offenses for whom substance use and/or mental health contributed to their involvement in the criminal justice system. These solution-based programs are designed to help defendants identify factors that contributed to their involvement in the criminal justice system, develop life skills to navigate personal challenges, achieve sobriety, and develop the skills to manage mental health issues. Participation in the programs is voluntary and offered to defendants who are motivated to make positive changes in their lives and overcome substance use and/or mental health barriers. These programs hold defendants accountable for criminal behavior without formal adjudication, ensure full restitution for victims, reduce recidivism, promote participant stability, and promote a judicious use of county resources. Defendants make the decision to enter these voluntary programs with assistance of their attorney.
The Felony Diversion program serves individuals with no prior felony history. TAP serves individuals with limited felony history who have a substance use disorder diagnosis and/or a mental health diagnosis. Both Felony Diversion and TAP focus on defendants who are low risk/low need and moderate risk/moderate need. ARC serves individuals with a substance use disorder diagnosis and focuses on defendants who are high risk/high need.
Entry into the ARC, Felony Diversion, and TAP Programs are controlled by the Snohomish County Prosecuting Attorney’s Office and applicable law, including RCW 2.30. Based on review of the facts of the case, the defendant’s criminal history, and other relevant factors, the Prosecutor’s Office reserves the right to deny a defendant access to the program even when the criteria below are met. The victim will be given the opportunity to provide input which will carry significant weight in the decision to accept a case into ARC, TAP, or Felony Diversion. The defendant must be able to be safely supervised by the alternative program.
Defendants referred to the Felony Diversion and TAP Programs are evaluated by a program counselor to determine eligibility and must take full responsibility for their crime and be amenable to program requirements and any treatment recommendations to be accepted into the program. Defendants referred to the ARC program are evaluated by ARC program staff and must be amenable to program requirements and any treatment recommendations to be accepted into the program. A decision to deny or accept a defendant into the program may be appealed to the Assistant Chief Criminal Deputy Prosecuting Attorney.
Defendants make the decision to enter the ARC, Felony Diversion, or TAP Program with the assistance of their attorney. As a condition of their acceptance into the program, the defendant must stipulate to the admissibility of police reports, sign an admission of guilt, and waive their time for trial rights for the charge(s) to preserve the ability to prosecute the crime should they be terminated from the program. When a defendant successfully completes the program, the charge(s) is dismissed with prejudice.