Column By Scott Bennett/Graham County Attorney
For nearly 25 years as a prosecutor, my job has been straightforward: stand up for victims, protect our community, and enforce the law fairly.
In my experience serving as a prosecutor in Graham County, prosecutorial discretion is paramount: to enforce the law fairly, it is essential to assess the needs and dangers posed by any given case, and craft the prosecutorial response accordingly.
In carrying out this role as a prosecutor, it becomes clear that some people—unfortunately—commit acts that are truly evil and cannot be allowed to endanger our communities. In recent years, I have prosecuted those who earned the life sentence they received, and I am grateful that I will never have to worry about those individuals hurting my kids, my neighbor’s kids, or anyone else in the communities I serve.
However, in my role I have also seen numerous instances where good people do dumb things, and sometimes in our quest for justice, a measure of compassion is appropriate. Based on those limited but compelling situations, it is my belief that a robust diversion program is one of the most important tools to ensure that those who are deserving of compassion and a second chance are afforded that opportunity.
Diversion programs are often misunderstood, with some assuming they simply let offenders off easy. That couldn’t be further from the truth.
Diversion is not leniency. It is structured accountability, designed to hold offenders responsible while giving them a chance to correct their behavior before a criminal conviction permanently alters their lives.
In a diversion program, offenders must take ownership for what they did and meet clear objectives. Participants can be required to complete therapy or anger management classes, attend substance-abuse treatment, perform community service, and pay restitution.
These requirements are not optional. Participants who fail to comply or commit new offenses are immediately removed from the program and prosecuted.
But if they do complete the program successfully, the charges are dismissed. The result is an opportunity to put their life back in order without a permanent criminal record—but only after facing fair consequences.
This approach works particularly well for first-time offenders and those who commit relatively minor offenses such as low-level drug possession or minor disturbances.
These people are not hardened criminals. They are folks who made a bad decision and are unlikely to do it again with the right guidance and strict conditions.
Without diversion as an option, the ripple effects of a criminal conviction can be devastating.
Studies show that criminal convictions increase the risk of re-offending because they make it harder to find work, qualify for housing, or support a family. Losing or being unable to find a job can trigger a downward spiral from unemployment to financial instability and sometimes deeper involvement with drugs or crime.
Diversion programs help to prevent that spiral while still requiring offenders to address the behavior that brought them into the system, so they stay out of it permanently.
Although diversion cases account for only about 2% of our workload in Graham County, it still makes a difference. Every person who successfully completes the program is someone who avoids becoming a repeat offender and returns as a productive member of society.
These programs also save an enormous amount of taxpayer money. Criminal prosecutions lead to costs for judges, court staff, defense attorneys, probation officers, jail beds, and prison stays. Diversion cuts those costs dramatically. In addition, participants are responsible for fees that pay a portion of our staff costs and must cover their own counseling or treatment.
Diversion allows our already strained justice system to focus resources where they’re needed most: prosecuting the most dangerous criminals who truly threaten our community.
Even though diversion programs help us save money, small counties like Graham still need assistance to fund them. A few years ago, the Arizona Legislature provided grant funding that helped communities like ours to operate diversion programs. That support made a real impact.
Unfortunately, the Legislature did not renew that funding.
If Arizona is serious about reducing crime, protecting victims, and using taxpayer dollars wisely, lawmakers should get back to providing financial support for diversion programs, particularly for rural county attorney offices.
Diversion is not soft on crime. It’s smart on crime. Diversion allows us to seek justice for victims while enabling people to choose a better path forward.
As prosecutors, our goal should always be the same: fewer victims, safer communities, and a justice system that works for everyone. Diversion programs help us achieve that.
Graham County Attorney Scott Bennett was elected in 2020 and oversees 15 prosecutors and staff and averages 500+ felony prosecutions annually. He currently serves as chair of the Arizona Prosecuting Attorneys’ Advisory Council and is the State of Arizona’s delegate and board member to the National District Attorneys Association.
