Lakewood Police Department
Policy and Procedure
 Effective Date: 08/24/2021
Policy Number: PP-4007 Law Enforcement Assisted Diversion - LEAD
    A. Policy

    The purpose of this policy is to establish procedures regarding the Lakewood Police Department's Law Enforcement Assisted Diversion (LEAD) Program. The LEAD program is intended for low-level offenders whose underlying issues may include drug dependency, mental illness, poverty, or homelessness.  This program allows Lakewood Police Agents to utilize their discretion to divert these individuals away from the criminal justice system on a one-time basis and into intensive case management addressing the individual's entire needs spectrum.  Individuals must complete initial requirements to remain in the program or the criminal case may be filed with the prosecuting attorney. 

    Definitions 

    LEAD Executive Committee (LEC) – The LEAD Executive Committee means the signatories of LEAD contracts (Lakewood Police Department, Jefferson County Public Health, and C3/Intervention). The LEC is responsible for the program's operation, evaluation and oversight.

    Policy Coordinating Group (PCG) – Policy Coordinating Group (PCG) means the signatories of the LEAD MOU, the Office of the District Attorney, the Public Defender's Office, treatment providers, advocates, and civil rights groups, who are responsible for providing policy guidance to the LEC.  This group seeks community input and offers suggestions to the Project Coordinator.

    Operational Workgroup (OWG) – The Operational Work Group (OWG) is composed of personnel from the agencies involved in LEAD's day-to-day operations.  Organized by the Project Coordinator, the OWG is staffed by Agents and Case Managers from the Lakewood Police Department, Case Managers and outreach workers from Jefferson County Public Health, the staff at C3/Intervention, STRIDE, Jefferson Center, Points West, Problem Solving Courts, as well as Probation and Parole.  This group is responsible for developing and refining diversion protocols, staffing cases and providing operational support to case managers. 

    Social Contact Referral – A social contact referral is a process of referring an eligible individual into LEAD not requiring diversion from an arrest. Committing a crime is not a prerequisite to participate in LEAD. Any Police Agent can refer eligible individuals to a LEAD case manager. The LEAD case manager will staff the referral with the Operational Work Group (OWG) and final approval shall be at the discretion of the case manager and Community Action Team sergeant. 

    Community Leadership Team (CLT) – The CLT is made up of community members, advocates, and personally affected individuals that ensure the community has a voice in the implementation and operations of LEAD. The CLT supports the PCG by providing community outreach, educational forums, and program materials to involve the community with LEAD activities.

    Pre-Arrest Diversion – Pre-arrest diversion is the process of diverting an individual who has allegedly committed a LEAD eligible offense into community-based case management.

     Pre-Arrest Diversion Eligibility Criteria:

    • An adult who has a history of alcohol, drug, mental health, or poverty related needs and meets the rest of the eligibility requirements. 
    • The victim agrees to allow the diversion process to proceed.
    • Crime committed is not a felony.
    • The committed offense is non-violent.
    • The committed offense is not covered by the Victim's Rights Act (VRA).

    Non-VRA (Victim Rights Act) Probation/Parole Clients are eligible with stipulations.  Within 72 hours of diversion, the probation or parole officer must be contacted for input on the individual's suitability for the LEAD Program. 

    Physical and mental health emergencies do not exclude the individual from participation unless the circumstances make participation otherwise unfeasible.

    Pre-Arrest Diversion Exclusion Criteria:

    • The individual violated a protection order.

    Pre-Arrest and Social Contact Exclusion Criteria:

    • The individual is a registered sex offender.
    • The individual is under the age of 18.
    • Individuals on probation or parole for a VRA crime are not eligible for LEAD.

    Permanent Disqualification from LEAD:

    This occurs if an individual has ever been convicted of the following offenses (including criminal attempt):

    • Murder 1st and 2nd 
    • Assault 1st and 2nd 
    • Kidnapping 1st and 2nd 
    • Arson 1st
    • Robbery
    • Burglary 1st
    • Felony Sex Offense
    • Stalking

    Warrants:

    • Individuals with active warrants are considered eligible for LEAD as long as all other eligibility requirements are met.
    • Specific exclusions include extraditable out-of-state warrants, Federal holds, and warrants that would make participation otherwise unfeasible. 


    B. Procedure 

    1. Pre-Arrest Diversion

    a. LEAD is a voluntary program.  After providing an explanation of the program, the Agent may offer the individual diversion to LEAD as an alternative to arrest. This should be done in a constructive, non-coercive, and non-discriminatory manner.   

    b. If the individual consents to participation, the Agent will call out a case manager to determine if the individual is eligible for a diversion to LEAD. This determination will be based on the eligibility/exclusionary criteria outlined in this policy. 

    c. If the LEAD diversion offer has been accepted and the individual meets eligibility requirements, the Agent will then release the individual to the case manager.  

    d. In addition to completing the standard offense report and booking any evidence, the agent's offense report narrative shall document that LEAD was offered, whether the individual accepted or declined, and if they were diverted

    2. Case Management, Intake, and Assessment 

    a. Upon transferring the participant to the case manager, the case manager will conduct an initial intake to gather basic information about the individual and identify any immediate needs that should be addressed prior to a full assessment. These needs include but are not limited to medical, shelter, clothing, and food. 

    b. Acceptance to the program requires the participant to sign a release of information (ROI) so that relevant information about the participant may be shared with members of the OWG. The case manager has the discretion of whether the ROI should be signed during the initial intake or the follow-up meeting when the full assessment is completed. Ultimately, refusal to sign an ROI will make the participant ineligible.

    c. The case manager will schedule a follow-up meeting with the individual to complete their full assessment.  This shall be done within thirty days. Upon completion of the full assessment, the individual's diverted case will be closed. 

    d. The case manager and the participant will then develop a LEAD Participant Plan to help improve the quality of life for the individual, reduce harm, and reduce future contact with the criminal justice system. 

    e. The case manager and the participant will work together to address the needs and action steps identified in the LEAD Participant Plan. 

    f. Recognizing the participant may already be receiving supportive services, the case manager will work with the participant and service provider(s) to coordinate and strengthen the individual's connection to those services.

    3. Participant Fails to Engage / Filing Charges 

    If the participant fails to complete the full assessment within 30 days and/or fails to sign the ROI, the participant shall be deemed ineligible for the program. The decision on charging the individual will be made by the Police Department after the case manager consults with the OWG. 

    Individuals can only be diverted once but can be brought back to LEAD by social referral at any time.

    4. Criminal Case Management and Property Disposition

    a. Any case diverted by this program shall be routed to the Community Action Team (CAT) for assignment. A CAT sergeant shall assign the case to the designated CAT agent.

    b. If a program participant completes all requirements to be admitted to the LEAD program (completion of full assessment within 30 days and signing of an ROI), the designated CAT agent shall complete a supplemental report documenting this and request closure of the case. The designated CAT agent shall also complete a disposition of any evidence related to the case per PP-4729. 

    c. If the decision is made to charge the participant after they fail to complete the full intake within 30 days and/or fails to sign the ROI, it will be the responsibility of the designated CAT agent to serve the participant with a summons or seek an arrest warrant.