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New 'community court' allows Phoenix's homeless population to avoid incarceration

People experiencing homelessness who have been arrested for low-level crimes can have the charges dropped if they participate in the community court program.

PHOENIX — A new court program is now in operation in the City of Phoenix that allows those experiencing homelessness to avoid severe criminal prosecution if they've been arrested for low-level crimes. 

The Community Court program will begin hearing cases this week for defendants who have been experiencing homelessness. 

The program operates as a pre-adjudication service that allows participants to avoid the traditional judicial process which typically ends in jail time or probation. Phoenix's program offers participants social services that are intended to help them out of homelessness. 

Participants are accepted into the program based on their housing status and the type of crime they've been accused of. Those who have been arrested for violent crimes like aggravated assault or domestic abuse won't qualify for the court program, according to the city. 

"The Phoenix Community Court will be centered around a holistic and compassionate approach to provide long-term solutions that will positively impact individuals currently experiencing homelessness, and benefit the entire community," city documents state.

If the participants complete an individualized plan that's been devised for them, then the court could drop the charges or sentence them to time served.

“Community Court is a proven model in other municipalities that show when homeless individuals commit low-level crimes, as a result of their conditions, there can be positive outcomes,” Phoenix Councilwoman Ann O’Brien said in a statement.

Last summer, the city approved spending $2.3 million to hire the additional staff needed to run the program.

If the participant chooses to not complete their plan or leave the program, then the court will continue prosecuting the criminal case through the regular process.

The new program comes at a time when the amount of people experiencing homelessness in the Valley has increased by 72% since 2017, public data shows.

Phoenix's program is modeled after a similar court system that's been operating in Mesa for the last few years. Mesa's Community Court was created to help repeat offenders avoid the cycle of arrests and incarceration by offering them tools to improve their lives.

Credit: Maricopa Association of Governments

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