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May 16, 2018

Encouraging findings from big study of 16 prosecutor-led diversion programs in 11 jurisdictions

I saw today a big report from a big National Institute of Justice study on the topic of diversion programs.  This big report has this full title: "NIJ’s Multisite Evaluation of Prosecutor-Led Diversion Programs Strategies, Impacts, and Cost-Effectiveness."  And here is part of its executive summary:

In recent years, a growing number of prosecutors have established pretrial diversion programs, either pre-filing—before charges are filed with the court—or post-filing—after the court process begins but before a disposition. Participating defendants must complete assigned treatment, services, or other diversion requirements. If they do, the charges are typically dismissed. With funding from the National Institute of Justice, the current study examined 16 prosecutor-led diversion programs in 11 jurisdictions across the country and conducted impact evaluations of five programs and cost evaluations of four programs....

Case Outcomes, Recidivism, and Cost

  • Case Outcomes: All five programs participating in impact evaluations (two in Cook County, two in Milwaukee, and one in Chittenden County, VT) reduced the likelihood of conviction — often by a sizable magnitude.  All five programs also reduced the likelihood of a jail sentence (significant in four and approaching significance in the fifth program).

  • Re-Arrest: Four of five programs reduced the likelihood of re-arrest at two years from program enrollment (with at least one statistically significant finding for three programs and at least one finding approaching significance in the fourth).  The fifth site did not change re-arrest outcomes.

  • Cost: All four programs whose investment costs were examined (two in Cook County and one each in Chittenden and San Francisco) produced sizable cost and resource savings.  Not surprisingly, savings were greatest in the two pre-filing programs examined, which do not entail any court processing for program completers.  All three programs whose output costs were examined (i.e., omitting the San Francisco site) also produced output savings, mainly stemming from less use of probation and jail sentences.

Conclusions

There were a number of important study limitations, including a focus on 16 high-volume diversion programs mainly located in large jurisdictions, a smaller number of study sites for the impact and cost evaluations, and limitations in the scope and quality of quantitative data available in some of the impact sites.  Understanding these limitations, we generally found that today’s prosecutor-led diversion programs pursue a wide range of goals, not limited to rehabilitation and recidivism reduction.  We also found that these programs serve a mix of target populations — including felonies as well as misdemeanors and, in virtually all programs we examined, including defendants with a prior criminal record.  Although it bears noting that we evaluated program impacts in a limited number of sites, meaning that our findings may not be generalizable to other sites and programs that we did not study, our research yielded positive results. Across five programs in three sites, diversion participants benefited from a reduced likelihood of conviction and incarceration; and in four of the five programs, pretrial diversion participation led to reduced re-arrest rates.  In addition, in all four programs where a cost evaluation was conducted, diversion cases involved a lesser resource investment than similar comparison cases.

May 16, 2018 at 02:44 PM | Permalink

Comments

Here's a persistent beef I'm hearing from Texas probation directors about prosecutor diversion programs: They're cash cows for prosecutors that screw over probation departments financially.

Here's the logic: Because a defendant is never convicted, they never go on probation and the probation department gets no money to supervise them. Instead, defendants may pay a $500 fee and the prosecutor can keep it all and have the pretrial services division supervise them.

Moreover, since those diverted tend to be lower risk, the programs are diverting defendants from probation who are 1) the most easily supervised and 2) the most likely to pay their bills. That leaves probation with less money, less staff, and a smaller-but-more-difficult caseload.

I'm not saying this is a reason NOT to have prosecutor diversion programs, just reporting a complaint I've now heard several times.

Posted by: Scott Henson | May 30, 2018 9:14:46 AM

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