Diversion Programs

The U.S. criminal justice system has expanded rapidly during the past several decades, due in large part to the arrest, incarceration, and supervision of drug-involved offenders. Since the 1980s, the size of jail and prison populations has more than doubled, resulting in over 2 million persons incarcerated and some 5 million others under criminal justice supervision in the community. Expansion of the criminal justice system has been accomplished at an enormous cost. For example, expenditures for state prisons increased 400 percent from 1987 to 2007 and have progressively siphoned money from education, healthcare, and other social services. It is estimated that the annual crime and criminal justice-related societal costs are more than $100 billion. As states and localities grapple with the challenge of funding basic services, there has been renewed interest in developing programs to divert drug-involved offenders from jails and prisons into community-based treatment and supervision. Given the high cost of incarceration, well-implemented and well-designed treatment that reduces drug use and recidivism among offenders reduces the societal costs of drug abuse.

Over the past three decades, a wide range of diversion programs have emerged, based on the premise that drug-involved offenders are more efficiently [Page 202]managed in community settings and that early intervention and effective treatment can reduce recidivism and stop the revolving door of drug use, crime, and incarceration. Diversion programs can be implemented at a number of different stages of the criminal justice process: prior to filing of criminal charges (prebooking diversion), prior to case disposition (pretrial diversion), or prior to an incarceration sentence (postsentencing diversion). Pre-booking diversion programs include law enforcement crisis teams (e.g., CIT), and interventions for those facing violations of community supervision. Pretrial diversion programs include deferred prosecution programs, drug courts, and specialized case management services (e.g., TASC). Post-sentencing diversion includes alternatives to jail sentences and diversion from state prison. These diversion programs offer incentives for participation, sanctions for infractions and non-adherence, and leveraged participation in treatment.

Common elements of effective diversion programs include the following:

• Identification or “case finding” of persons with drug use disorders who are legally eligible for diversion from the criminal justice system. Diversion programs provide opportunities for identifying and engaging drug-involved offenders in services. Some diversion programs exclude offenders with histories of violent crimes.
• Screening and assessment for substance use disorders and other related problems. Comprehensive biopsychosocial assessments are essential elements of diversion programs to determine clinical eligibility, and allow for development of individualized treatment and community reentry plans based on the offender's unique needs (e.g., housing, transportation, financial support, and treatment).
• Case planning. Development of an appropriate service plan is particularly important in diverting drug-involved offenders from jail or prison. Key issues include identifying needs for community treatment and other services, finding services that match the needs of the offender and are accessible, anticipating potential risk factors for relapse and recidivism, and involving community supervision and treatment staff in case planning activities prior to release from detention. The “APIC” model of Assessment, Planning, Identification, and Coordination can assist in planning for diversion services and facilitates structured case planning.
• Accessing benefits. Persons with drug use disorders in contact with the justice system often need help in accessing public assistance and healthcare benefits (e.g., food stamps, SSI, SSDI), and in restoring benefits that have been suspended or discontinued.
• Use of “boundary-spanning” staff who are versatile in working with drug abuse treatment, criminal justice, and other social service systems. Boundary spanners provide a single point of contact to assist in managing crises, appointments with community treatment providers, and liaison and advocacy.
• Court liaison. Programs such as Treatment Accountability for Safer Communities (TASC) promote court-based diversion through supervised placement in community drug treatment programs. TASC identifies eligible offenders, helps to coordinate conditions of release, provides case management, and monitors offenders in the community.
• Referral to community services and monitoring. Boundary spanning staff within diversion programs provide coordination and linkage with a wide array of community treatment and support services. Monitoring of offender compliance with the conditions of diversion is important for maintaining accountability and might involve sanctions for noncompliance.

A wide range of court-based diversion programs have emerged in the past two decades, including deferred prosecution programs, pretrial diversion, drug courts, and alternative to incarceration programs. More than 2,000 drug courts have now been established in the United States. Drug courts provide voluntary but closely supervised involvement [Page 203]in ongoing treatment. Other programs such as Treatment Alternatives to the Dually Diagnosed (TADD) have been developed for offenders with co-occurring drug use and mental disorders. Assertive Community Treatment (ACT) and Forensic Intensive Case Management (FICM) use multidisciplinary teams to provide supervised involvement in treatment. Drug Treatment Alternative to Prison (DTAP) is a prosecutor-run program that diverts felony drug offenders from prison into long-term intensive drug treatment in the community.

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