Please join us for a CLE event (1.0 hour credit available) including an informational presentation and a question and answer session on the implementation of the Incarceration and Conviction Alternatives Network (ICAN) post-guilty plea diversion program that we will be rolling out soon here in the Tucson Division of the District of Arizona.
For more than a year, a committee comprised of the Hon. Rosemary Marquez, judicial staff, and representatives from Pretrial Services, the U.S. Attorney’s Office, and the Federal Public Defender have worked together to develop an Arizona post-guilty plea diversion program, inspired by the success of similar programs in other districts such as the Conviction and Sentence Alternatives (CASA) Program in the Central District of California, the Repair, Invest, Succeed, Emerge (RISE) Program in the District of Massachusetts, and the Pretrial Opportunity Program (POP) in the Eastern District of New York. The ICAN program is our result and we’re very excited to begin implementation.
In a nutshell, ICAN is a post-guilty plea diversion program with specific eligibility limitations as to defendants and case types, although we hope to expand the inclusiveness of the program over time. Participation is entirely voluntary, but requires eligible defendants who are selected for the program to enter guilty plea(s) to one or more of the criminal charges pending against them. The Court will make a final determination whether to accept the guilty plea(s) and plea agreement before the defendant can begin participation in the ICAN program.
If the Court approves the defendant’s participation in the ICAN program and accepts the guilty plea(s) and plea agreement, then the participant is placed under supervision by an ICAN Program Pretrial Services Officer (“ICAN PSO”) for at least one year and possibly as long as two years. The ICAN participant participates in drug and alcohol evaluations, and in any and all substance abuse and mental health treatment and testing recommended, including inpatient treatment at a residential center if needed. In addition, participants must also participate in programs designed to address underlying causes of criminal activity and to comply with all other conditions of post-guilty plea diversion that may be required by the plea agreements. If the defendant successfully completes the ICAN program, then, as specified in the plea agreement pursuant to which the defendant has entered the guilty plea(s), (1) those guilty plea(s) will be vacated and the criminal charges against the defendant in the case will be dismissed with prejudice, or (2), the defendant will receive a sentence that does not include a term of imprisonment.
We hope all available Tucson FPD and CJA attorneys will be able to join us – please feel free to bring your lunch to eat during the session.