Most states in America recognize that low-level offenses committed by first-time offenders do not necessarily need to go through the normal criminal case process. Though effective in serving some purposes like getting the bad guys off the streets, the ordinary criminal justice process does not effectively rehabilitate offenders or promote behavioral changes. 

Diversion programs offer first-time, low-level offenders an opportunity to learn from their mistakes without going through the regular legal process. As a result, this may not be effective in promoting behavioral change.

How Does a Diversion Program Work?

A diversion program is an alternative to the regular criminal legal process for some offenses. The program was created by a state’s legislative arm and signed into law. These laws identify the characteristic of a crime and the offender that qualify for a diversion. Depending on the diversion system, a defendant’s case may be diverted early into the case and does not require the defendant to take a plea. 

Other systems require the defendant to plead guilty to the charge, but the court defers the sentence until the defendant completes the diversion program. Upon completion of the diversion program, which can last for six months to a year, the court dismisses the case, and it does not show in your records. However, the arrest record will remain, but you can have it deleted later. If the offender does not complete the diversion program, the case returns to court. 

Diversion Programs Effectiveness

According to the ACLU, the diversion program seeks to identify the underlying problems leading to a crime. This makes diversion programs more effective in reducing recidivism and improving the community’s safety in the long term.

To the victims, diversion programs ensure that they get financial restitution for their losses. Sometimes they may receive a written apology from the offender, which can help mend relationships. They also get to participate in the restorative justice system by voicing their views which is critical in assisting them to know that they get justice. To the offender, diversion helps ensure that they avoid getting a criminal record, make amends with the victim, and help them learn from their mistakes and through the program helping them avoid similar offenses in the future. 

Diversion programs also ensure that fewer people go through the normal criminal justice system, easing the system’s burden and correctional facilities. According to ACUL, if prosecutors used diversion programs more, the population in America’s correctional facilities would reduce by approximately 10 percent, translating into significant savings in the government.

Crimes That Qualify for Diversion Programs 

Diversion programs laws define the characteristic of offenses and offenders that qualify for diversion. These criminal charges include minor misdemeanor offenses, possession of certain drugs, first-time DUI offenders, petty theft, minor assaults, and domestic violence qualify for diversion in most states. 

Diversion programs are also effective in rehabilitating offenders with underlying mental illnesses. According to the center for prison reform, diversion programs for mentally ill offenders resulted in an 84 percent drop in the rearrests likelihood for offenders.