Thurston County prosecutor and public defender describe 'First Look' early-diversion model to sentencing commission

Thurston County prosecutors and public defenders presented their “First Look” early-diversion screening model to the Washington Sentencing Guidelines Commission on June 12, arguing it can identify candidates for diversion before formal arraignment and, in some cases, avoid filing felony charges.

The program, described by the county’s prosecutor as an early screening unit staffed by two deputies, examines cases as they come into the office — either after arrest or via referral from law enforcement — to determine whether a person might proceed to a precharge diversion, a post-charge “charge-and-divert” agreement approved by the court, or to a treatment court. "We're not gonna divert cases that we wouldn't, ordinarily charge," the prosecutor said, stressing that the unit uses the office’s charging standards and that diversion is voluntary and requires agreement from prosecution, defense and (when applicable) the court.

Patrick O'Connor, director of Thurston County's public defense office, emphasized the defense office’s role in consistent first-appearance coverage, client consultation and coordinating pretrial assessments. "This program is really under an umbrella of harm reduction," O'Connor said, adding that effective implementation relies on a robust pretrial services unit and co-located behavioral-health providers on the courthouse campus.

Presenters said the program includes multiple monitoring tracks: light-touch precharge diversion monitored by pretrial services or community partners, contract-based post-charge diversions entered in the court record, and referrals to specialized treatment courts (felony drug, DUI, mental-health and veterans courts) when appropriate. If participants fail a diversion, there are revocation procedures and cases may be returned to a traditional prosecution track.

Thurston County officials acknowledged limitations in currently available public data but said the prosecutor’s office maintains a public-facing dashboard with diversion metrics and intends to add First Look–specific tracking. On-the-ground data cited in the presentation included that a little over 18% of referrals had entered diversion and that the office declined to file charges in just under a third of cases reviewed, though presenters said adult precharge numbers remain relatively small and the program is still growing.

Commissioners asked about conflict screening for precharge defense consultations, the burden on public defenders, and how the program handles time constraints created by court-arrangement rules. Presenters said the defense office maintains designated attorneys for precharge consultations and that waivers of speedy arraignment can be used when necessary to allow time for assessment and planning.

Presenters recommended jurisdictions wanting to replicate the model secure elected-prosecutor buy-in and build strong relationships with public defenders, courts and community providers. "You can start a program like this with minimal capital," O'Connor said, noting political will and system collaboration are often the bigger barriers than start-up funding.

The commission did not take action on the demonstration; members thanked the Thurston County team and moved on to the day’s FTOW discussion.