Diversion program

Diversion program

A diversion program in the criminal justice system is a program run by a police department, court, a district attorney's office, or outside agency designed to enable alleged offenders of criminal law to avoid criminal charges and a criminal record.[1][2] The purposes of diversion are generally thought to include relief to the courts, police department and probation office, better outcomes compared to direct involvment of the court system, and an opportunity for the offender to avoid prosecution by completing various requirements for the program. These requirements may include:[3]

  • Education aimed at preventing future offenses by the offender
  • Restitution to victims of the offense
  • Completion of community service hours
  • Avoiding situations for a specified period of time in the future that may lead to committing another such offense (such as contact with certain people)

Diversion programs often frame these requirements as an alternative to court or police involvement or, if these institutions are already involved, further prosecution. Successful completion of program requirements often will lead to a dropping or reduction of the charges while failure may bring back or heighten the penalties involved. Charges dismissed because of a diversion program will still lead to additional criminal history points under the U.S. Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise admitted guilt in open court, provided that the deferred disposition was not a juvenile matter.[4]

Diversion and Juvenile Justice

In the case of Juvenile Justice, diversion has played a key role in improving outcomes and rehabilitating youthful offenders. The concept of diversion is based on the theory that processing certain youth through the juvenile justice system may do more harm than good.[5] Programs meant to divert Juvenile Delinquents are often fundamentally different from the programs meant for adults. Many times youth will present with substance abuse and mental health issues which may be the underlying cause of such delinquency

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