Young Adult Diversion: Lighting the Path.

• Author: Olson, Carolyn

Two YEARS AGO, my boss came to me with a challenge. "I want you to help me start a young adult diversion program," he said. Now, my boss, Mark Vargo, has been passionate about young adult diversion since he became the Pennington County State's Attorney in 2013. In truth, however, I initially had some doubts. I thought to myself, "Yeah, I've seen young defendants escalate over time with their crimes--heck, some of us have even prosecuted the children of defendants." We know it's a cycle. Intuitively, intervention makes sense... but, I was dealing with stacks of files, backed up dockets, and limited resources. Frankly, my mind raced to the question, "When, boss, when?"

The parent in me had doubts too. My adoration of my two young adult sons notwithstanding, there have been days when parenting them (ages 20 and 23) felt as tough as any prosecution case. Impulsivity, attitude, leaving the gas tank on empty--I've been there. And, we prosecutors see these same traits, and worse, on a daily basis in cases involving young adults. Isn't that just the way things are?

Well, yes, as it turns out, recent neuroscience research actually proves that it is the way things are! The most recent studies indicate that the adult brain is not fully-developed until at least the mid-20s, specifically the frontal lobe region which is responsible for judgment and impulse control. (1) Data supports this conclusion as roughly half of all juvenile offenders continue to offend up to age 25, but fewer than a quarter continue offending past age 25. (2)

Furthermore, relative to their size in the general population, young adults account for a disproportionate number of crimes. As of 2012, only about 10 percent of the population was ages 18 to 25, but young adults accounted for nearly 30 percent of all arrests in 2012. (3) And the impact on young adults of color is even greater as one study revealed that they made up 72 percent of the young adults in jail in a sampling of eight cities and counties. (4)

Armed with more accurate information about young adult development, I began to understand my boss's passion. Isn't it possible that more appropriate justice interventions could help prevent some young adults from cycling down the wrong path?

In fact, a recent study found that when detained in jail for 2 to 3 days, low-risk defendants were 40 percent more likely to commit new crimes before trial than equivalent defendants held no more than 24 hours. (5) That's right--40 percent...