By: Daniela Imig, Implementation Specialist
Research has shown us that incarceration has not made us safer; in fact, it can actually harm communities. Relying on imprisonment fails to address the root causes of criminal behavior and perpetuates the inequities in the justice system. One solution that has gained traction across the United States is the concept of diversion programs.
What is diversion?
According to the Wisconsin Diversion Standards manual, diversion is a global term used to describe pre-arrest, pre-charge, post-charge, and treatment/specialty court programs (which can be pre- or post-conviction). These programs are an alternative to the formal prosecution process and divert participants into voluntary programs of supervision and services based on established criteria and a screening or assessment process. Participants who complete their program will receive a beneficial outcome (no charges filed, charges reduced or dismissed, averted incarceration, etc.). It is an alternative to prosecution that’s meant to circumvent the standard criminal justice process by entering a program that involves supervision and other services administered by the U. S. Probation Service. Diversion from the standard route of prosecution and potential incarceration offers individuals a chance to address what led to their criminal behavior and avoid the cycle of incarceration.
Types of Diversion
- Pre-arrest diversion is often referred to as LEAD, or Law Enforcement Assisted Diversion. The National Institute of Corrections (NIC) defines LEAD as a pre-booking diversion pilot program developed with the community to address low-level drug and prostitution crimes. The program allows law enforcement officers to redirect low-level offenders engaged in drug or prostitution activity to community-based services instead of jail and prosecution. By diverting eligible individuals to services, LEAD is committed to improving public safety and public order, and reducing the criminal behavior of those participating in the program.
- Pre-charge diversion: The Wisconsin Diversion Standards manual describes the typical process for pre-charge diversion as following a referral for prosecution with the prosecutor having discretion to withhold filing of charges and provide an alternative in the form of a diversion agreement which may include certain program requirements (e.g., do not commit a new crime for a specified period, participate in education classes, complete community service, and/or receive an assessment for treatment needs). Satisfactory completion of program requirements results in charges not being issued (no formal criminal complaint is filed).
- Post-charge diversion: Following the filing of charges, the prosecutor can exercise discretion to suspend formal prosecution and provide an alternative in the form of a diversion agreement, including certain program requirements (e.g., do not commit a new crime for a specified period, participate in one or more programs or services). Satisfactory completion of program requirements results in reduced charges or the dismissal of formal charges.
Enrolling a defendant in a diversion program has a range of benefits. By reducing overcrowding in jails, incarcerated individuals are not exposed to potentially negative environments. Incarcerated individuals also have a higher risk of re-offending upon release. Additionally, defendants within a diversion program are offered a chance to access supportive services and treatment to help improve their lives and increase the chance of a successful future. These programs can also help build safer communities. Reducing reliance on court incarceration is beneficial to taxpayers and allows local systems to focus their resources on more serious criminal cases. Last, but certainly not least, diversion programs enhance fairness and equity in the criminal justice system.
Diversion programs at any stage can help minimize an individual’s contact with the criminal justice system and allow them to remain safely in their communities so that they may access the services that are appropriate to help them. For more information about pretrial diversion or our pretrial software solutions, please contact us.
