The availability of diversion programs depends upon the jurisdiction, the nature of the crime (usually non-violent offences) and in many cases the exercise of prosecutorial discretion. A 2016 "The New York Times" investigation revealed that some prosecutors charged substantial fees for, and received significant revenue from, diversion programs. Those fees can operate as a barrier to impecunious defendants accessing diversion. Pleading guilty is often a prerequisite to access to a diversion program. This means that if a defendant proceeds to a diversion program, then fails to pay the fee for the program, the defendant can be brought back to court and proceed directly to conviction and sentencing.