A question over definitions surfaced at the Nov. 24 meeting of Whatcom County's Incarceration Prevention Reduction Task Force when the county public defender called for pre-charge diversion as the standard and a county prosecutor pushed back on the label.

Stark, director of the public defender's office, argued the only way to keep people out of the criminal legal system entirely is to divert them prior to charging. "The only way you can accomplish that is prior to charging," he said, urging prosecutorial engagement to refer people into community programs before a case is filed. He cited the long-running juvenile diversion program as a model and urged a similar adult program so some individuals would never be appointed defense counsel or see a prosecutor.

Prosecutor Eric Ritchie countered that the phrase "true diversion" is unhelpful. "The term 'true diversion,' I think, is a poor term for what's going on," Ritchie said, arguing that different diversion options fit different people and that some individuals benefit from court involvement and the leverage it provides.

Other participants said both perspectives have merit. Several members stressed that diversion should include upstream prevention and housing supports; Melora and others argued diversion is more likely to succeed if programs also address homelessness and basic needs. The exchange highlighted a policy choice for the county: whether to prioritize pre-charge diversion expansion or strengthen post-charge alternatives such as therapeutic courts and deferred prosecution.

No formal decision or vote was taken at the meeting; staff said the February SIM workshop and forthcoming evaluation work would inform recommendations for how prosecutorial and defense offices might expand diversion pathways.