Mental Health Diversion

Sarpy County Mental Health Diversion is a voluntary pre-trial program offered by the Sarpy County Attorney's Office as an alternative to the formal court process. Those who complete successfully will not have a conviction on their record.

Sarpy County Mental Health Diversion (MHD) assists people that have mental health needs by seeking to prevent continued criminal behaviors. The foundation of Sarpy County Mental Health Diversion is that not all cases are best served through the formal Court Process. Instead, this program works to connect adults with resources to reduce further involvement in the Justice System. Because some individuals have mental health diagnoses that may contribute to their legal involvement, they may benefit from various interventions, as opposed to incarceration.

Diversion staff will make referrals for assistance at the time of intake or as needed during the defendant's participation in MHD. Every defendant will have an individualized program, considering their mental state and capabilities. The duration of MHD will vary based on the specific offense(s) and the needs of the participant. Participation in MHD requires that the defendant has mental health needs, a co-occurring Substance Abuse disorder, or identified physical and/or developmental needs. The defendant must obtain a Psychological Evaluation, a Co-occurring Substance abuse evaluation, or provide verification of a Mental Health diagnosis to participate in MHD.

Requirements

A defendant will not be eligible if they have a criminal history longer than 15 years, if there is a history of violent offenses, or if restitution is determined to be larger than $5,000. The nature of the offense may also make an individual ineligible.

Entry into the Sarpy County Mental Health Diversion program does not excuse anyone from appearing in court as scheduled. Participants and/or their legal representatives (attorneys) must appear for all court hearings until their case is dismissed. Being screened for Mental Health Diversion does not guarantee a person will be accepted into the program. The County Attorney's office will make the final determination regarding eligibility based on established eligibility guidelines.