What does diversion mean in law?
Diversion in law refers to a legal and judicial mechanism that aims to redirect low-risk offenders away from the traditional criminal justice process and into a system of supervision with a focus on rehabilitation. It acts as an alternative to pre-trial detention and formal prosecution, hence reducing the burden on the criminal justice system and the consequences to the offender.
This diversion may occur at any point in the criminal process, including prior to or after formal charges have been filed. In simple terms, a diversion program is a way to deal with offenders without throwing the book at them. Such programs are implemented as a case management tool, serving the dual purpose of deterring crime and providing services to those with the need for assistance. Instead of facing formal charges, the offender enters a contract , often in the form of a written agreement, with the prosecution. Essentially, this contract states that if the offender lives up to the terms of the agreement over a specified period of time, the case will be closed without further action. Thus, the contract serves two purposes: first incentivizing good behavior, and second, in the case of compliance through the specified period of time, acting as an assurance or contract that closes the case.
The fundamental purpose of diversion programs is to provide eligibility, based on specific criteria or circumstances, of an offender for a second chance. Offenders who have little or no prior criminal history, acknowledging that a vast majority of those with a history of crime are repeat offenders, are encouraged to enter into a diversion program rather than undergo a negative life-altering event.
The role of diversion in law
It’s the primary objective to divert a person from entering into the court system. This article will provide an overview of the purpose behind having legal diversions. Reducing recidivism is a goal of a diversion. With many of our clients charged with first offenses, some individuals previously would never be charged again. However through a diversion they are required to do a drug and alcohol assessment, pay fees and to comply with certain rules. They may also attend an alcohol and drug education program. After completing the requirements the case is dismissed. However, the statute allows for the prosecutor to re-file the charges if the person engages in new criminal conduct that leads to further charges. The most important benefit of the diversion is that the person leaves the system with a blank canvas. There exists no record of a pending charge. If they want to work in certain professions or jobs that require a background check they are in a better position to secure employment. It allows them to continue their lives without this blemish on their record.
The next goal of the diversions is to help relieve the heavy court dockets that have been subject to tremendous backlog. This is coupled with the goal of reducing the cost of keeping a case pending before the court. The diversion also benefits the prosecutors. Instead of spending time preparing a case for trial, they can reach an agreement and they too avoid trial. Trials often have to be postponed because of unexpected circumstances, such as witnesses not being available, people moving out of state and other evidentiary issues.
The judges can also mitigate their workloads by having the diversion outcomes, rather than dealing with the pre-trial motions like suppression motions and precluding witnesses. Pre-trial phase is very intense and can take several months to litigate before a trial date is set. Often times that delay contributes to some cases getting continued longer. This has happened in the DUI cases.
The states divisions also have other objectives. They are geared towards lesser contacts with the criminal justice system. They help repair the harm done to the community and the victim(s), and they also help lower the costs for law enforcement and the judicial system.
Variations of diversion programs
Diversion can take many forms, but generally it can be divided into two basic categories: pretrial diversion and treatment-based diversion. In pretrial diversion, the prosecution in a criminal case warns the defendant that if they will take certain steps to rehabilitate themselves, then the state will simply drop prosecution of their case. Often, this means that the defendant will apply for drug or alcohol treatment. If the defendant works closely with a clinician for a specified period of time and completes rehabilitation, then the prosecutor decides that the benefits of not filing a felony or misdemeanor conviction against the defendant outweighs the costs of leaving the prosecution on the books.
Pretrial diversion isn’t quite the same as Circuit Court diversion in Florida (which is limited to first-time offenders). Although the concept is the same, Circuit Court diversion in Florida has a specific length of time (six months) and requires a prosecutor to work with a defendant before a charge is filed. Pretrial diversion, on the other hand, is available after a charge is filed. And there is no specific time limit for completion of pretrial diversion programs.
Treatment-based diversion is more akin to Circuit Court diversion. It is available during court supervision for first-time non-violent misdemeanor offenders. In treatment-based diversion programs, defendants are exempt from prosecution and court supervision upon successful completion of their rehabilitation program.
The eligibility for diversion
Eligibility criteria for diversion may vary on the particular program and jurisdiction. Typically, the programs have an age requirement of at least 18 years of age. Anything under 18 is usually handled through the juvenile court system. Generally , most offense types are eligible for diversion, although major felonies are a cause for exclusion. Criminal history is also generally taken into consideration. Having a previous conviction would likely make you ineligible for a pretrial or post-conviction diversion program.
Pros and cons for programs of diversion
Diversion has many potential benefits in the legal field. In criminal law, it can offer a path for offenders to avoid the collateral damage of a criminal conviction. By allowing defendants to fulfill certain obligations in exchange for case dismissal, diversion may reduce criminal records’ adverse effects on their future, particularly in employment and housing contexts. This practice can particularly benefit those without prior offenses or those charged with minor infractions, providing a second chance while alleviating court congestion.
In family law, diversion often refers to mediation or other alternative dispute resolution (ADR) methods. Mediation can be an effective way to settle divorce or child custody matters without protracted litigation. These processes can save resources, money, and the emotional cost of legal battles, often leading to mutually acceptable solutions.
Critics argue that diversion may undermine the seriousness of criminal offenses. Some see diversion as an attempt to "soften" the criminal justice process, potentially due to politicians’ reluctance to implement substantive criminal law reform. Critics contend that this may offer offenders an easy exit at the potential expense of public safety. Additionally, diversion programs can suffer from potential biases, either favoring the affluent who can afford private mediation or potentially being influenced by other socioeconomic factors in criminal cases.
In family law, mediation may not be ideal in all situations, particularly involving abuse or where one party holds significantly more power than the other. While it can produce meaningful resolutions in many contexts, it may be less effective for high-conflict cases or those involving serious allegations.
Case examples of diversion
In his 2018 State of the Union Address, the President announced a "massive expansion" of diversion programs for those with addiction problems and those with mental illness, telling the nation to "work to make a record number of drug offenders eligible to be part of these programs." He noted that studies show "when drug addicted criminals have an opportunity to participate in drug court or other treatment programs, they and their families are better off, neighborhoods are safer, taxpayers save money, and everyone has a chance to rise."
While the concept of diversion is becoming better known, the practicalities still often seem vague. To better understand how diversion programs sector model them, consider three recent examples:
In Miami-Dade County, Florida, the county’s criminal justice agency has diverted thousands of people from the criminal justice system by linking them to community support services. Its Building Stronger Families program, launched in 1999, diverts pregnant women and parents or caregivers of children 0-5 who are arrested and charged with a non-violent offense. Participation in the program is voluntary and based on identified need and willingness to participate as a consumer of needed services. Through outreach staff, individuals are linked to a network of providers including mental health care, substance abuse treatment, and parenting, job training and social services. The program has assisted nearly 3,000 families purchased more than 350 children safety seat and 200 cribs to eliminate risk of suffocation and injury. They also accomplished 4,657 job placements, 2,742 discharged to safe housing, 2,276 discharged to medical treatment, and 1,153 discharged from counseling or therapy. These efforts reduced the jail admission rate for program participants by about 33% over a unit of time. The typical cost of serving one family for one year is about $4 , 900 and those services saved taxpayers about $17.9 million. The cost for the building Strong Families program saved about $16 for each $1 invested.
In Austin, Texas, the Police Department diverted 95 percent of persons in distress from incarceration and connected 220 individuals to housing, in 2014. Their Mental Health Division partnered with a legal aid organization and a nonprofit to create Project Recovery, which is the first of its kind in Texas. The two-year, $740,000 pilot program is funded by a grant and fits people with mental illnesses into the right services through engagement, assessment and assistance. Those who are arrested for certain non-violent misdemeanor charges, including trespassing, theft, assault and criminal mischief, are diverted from jail and offered mental health services, individual case management and management of prescription drugs. Of those diverted, 76 percent agreed to participate in individual and group counseling and skills training and 23 percent received a psychiatric evaluation. Project Recovery also conducted 370 outreach encounters and 52 police ride-alongs.
In the second year, the success of Project Recovery has been even greater. In 2016, the program tracked 325 mental health service clients through the system, resulting in a 96 percent diversion rate, 40 percent of the participants had better vital signs and 18 people landed jobs.
In New Orleans, Louisiana, the non-profit re-entry organization Operation Restoration tracks the success of diversion. In its first year, the program was able to assist 270 women and girls who were formerly incarcerated. Of those participants, 30 years old and younger, 82% were first-time offenders and 56% of participants have full-time employment. It maintains a 72% employment retention rate, GED attainment rate of 53%, and 50% of participants experience a decrease in re-arrest rates. This program did more in one year to diminish recidivism among juvenile female offenders than the City and Louisiana Department of Corrections accomplished over the last 27 years.