Decisions about both pre-existing cases and post-enrollment charges should be informed by the second of LEAD’s two Golden Rules:
Within their zone of authority and while considering insights provided by other LEAD stakeholders, every LEAD partner should do what they believe is most likely to support positive behavior change in the specific circumstances.
For example, since prosecutors, by law, retain full authority over prosecutorial decisions, only they can ensure that pre-existing cases and warrants, as well as subsequent cases, are coordinated and aligned with a participant’s intervention plan related to any diverted case. But prosecutors’ hands are not tied, and LEAD participation confers no immunity from prosecution on other cases. However, LEAD partner prosecutors recognize that pursuing another case in a standard fashion could actually compromise all the progress that case managers and prosecutors have made with the individual. Thus, prosecutors often find it best to creatively and individually resolve non-diverted cases whenever possible to maximize the benefit of LEAD case management and avoid destabilizing participants.