What is the Deflection Program?
The Washington County Deflection Program (WCDP) allows eligible people who are cited or arrested for Possession of a Controlled Substance as an unclassified misdemeanor (PCS-U) to avoid prosecution and possible fines and jail time. They do this by successfully engaging in substance use treatment.
Who runs the Deflection Program?
The Deflection Operations Team (DOT) is responsible for the day-to-day operations of the program. The DOT works with Behavioral Health Resource Network (BHRN) providers and other agencies to ensure that participants receive peer support, addiction evaluation and treatment, and other appropriate services.
A program coordinator with the Department of Health and Human Services (HHS) leads the DOT. Other members include representatives from the District Attorney’s Office, Sheriff’s Office, Community Corrections, HHS and BHRN providers.
The team meets at least weekly to review cases, individual participants’ progress, and overall program status. Through release agreements, the team has access to relevant information for participants.
How does a person cited or arrested for PCS-U learn about the program?
When a law enforcement officer issues a criminal citation for the sole crime of PCS-U, they will provide a written and verbal description of the program. They also schedule the initial court date within seven days. The person needs to contact the DOT before the court date. DOT will also try to contact the person. If contact is not made before the court date, a DOT member will be present in court to connect with the person before they see the judge. The goal is to determine if the person is interested in and eligible for the Deflection Program.
Additionally, in select areas of Washington County and subject to the limitations of deflection funding and resources, WCDP peer support specialists will be available to come to the scene at the time of the citation. They will meet with the person being cited to provide support and begin the program entrance process if the person is interested in participating.
Who is eligible (and not eligible) for the program?
People who face only PCS-U charges are generally eligible. A person is not eligible if they:
- Have other charges pending anywhere. However, other PCS charges do not automatically disqualify a person.
- Are on formal supervision of any kind, such as court probation, diversion, conditional discharge, specialty or treatment court, or post-prison supervision.
- Have participated in a deflection program in the last year.
- Have a prior conviction for a violent felony, domestic violence, child abuse or sex crime.
- Have any other exceptional circumstance identified by any member of the DOT.
How long is the Deflection Program?
The program is six months. Participants must undergo a substance use assessment and, if recommended, treatment by an approved provider.
What does it mean to successfully complete the Deflection Program?
A participant has successfully completed the program when the DOT determines they:
- Have engaged in substance use treatment. This is measured by treatment records, feedback from the treatment provider, drug test results and other factors.
- Have demonstrated they are likely to continue to engage in substance use treatment after completing the program.
If the DOT does not reach both conclusions by the end of the six-month deflection period, the person “fails” the program and will be referred to the court process.
A person also “fails” if they are charged with new crimes (other than PCS-U) or if they do not show up for any court date without a good reason.
