County Involvement Bolsters Prosecutor-led Diversion Programs.

• Author: Kunkel, Tara

Many counties across the country are considering how to leverage new funding streams. These include a variety of federal grants, American Rescue Plan Act (ARPA) dollars directly allocated to localities, and opioid settlement dollars to implement a coordinated strategy that includes a continuum of diversion programs at every point in the criminal justice system.

This surge in funding presents a unique opportunity for prosecutors to partner with community-based treatment providers, local government agencies, and law enforcement to build diversion programs that are responsive to local needs, increase access to services, decrease recidivism, hold individuals accountable, and increase public safety. Jurisdictions have significant discretion in how the funds are spent, making partnerships with local officials and cross-system planning essential.

Prosecutor-led diversion programs are growing, and their benefits are clear. They save resources by eliminating cases, limit collateral consequences the justice-involved individuals, reduce jail populations, and more directly address underlying issues by connecting individuals to treatment.

WHO TO DIVERT AND WHEN?

Historically, prosecutor-led diversion programs focused on minor offenses like low-level misdemeanors. However, a 2018 multi-site evaluation of prosecutor-led diversion programs found that many programs also target felonies and some targeted specific crimes, like drug possession, property offenses, and prostitution. (1)

Prosecutor-led diversion programs operate at one ot two points in case flow or both. In pre-filing diversion, the prosecutor's office receives the case from law enforcement, but the prosecutor opts not to file charges with the court so long as the defendant completes diversionary programming. In post-filing diversion, the prosecutor files the case with the court, but they, in partnership with the court, suspend the normal adjudication process while the defendant participates in diversion programming. A 2019 national survey of 121 prosecutor-led diversion programs found that just over half of the prosecutor-led diversion programs were post-tiling models, 15% were pre-filing, and 32% included pre-and post-tiling cases. (2)

DIVERT TO WHAT?

The requirements of diversion vary widely by program. Some prosecutor-led diversion programs are educational, linking participants to classes to address the relevant problem behavior (e.g., drugs, shoplifting, prostitution, weapons) or focusing on...