(1) The prosecuting attorney is authorized to establish the therapeutic alternatives to prosecution (TAP) program as an alternative to prosecution of adult offenders whose commission of felony offenses is directly related to drug or alcohol dependency or mental illness. The TAP program shall be designed to assist offenders who are amenable to behavioral change, hold participants accountable for their criminal acts, eliminate drug or alcohol abuse, stabilize and maintain mental health, provide restitution for victims, and prevent recidivism by addressing the root causes of criminal behavior.

(2) Entry into the TAP program shall be determined by the prosecuting attorney based on the facts of each case, the offender’s criminal history, available resources, and other factors determined by the prosecuting attorney. Participation in the program shall be voluntary and subject to conditions established by the prosecuting attorney.

(3) This chapter shall not affect the prosecutorial discretion of the prosecuting attorney. Neither the availability of the TAP program, nor its existence or continued operation, is established as a matter of right by the enactment of the ordinance codified in this chapter. (Added by Amended Ord. 12-099, Nov. 28, 2012, Eff date Jan. 1, 2013).