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- (a) “Diversion” refers to any opportunity for a person to avoid arrest, to decline or reduce charges, to avoid a conviction, or to reduce a sentence, by fulfilling a prescribed set of conditions, by agreeing to a referral to services, or by receiving assistance or release with no further criminal consequences.
www.americanbar.org/groups/criminal_justice/standards/diversion-standards/
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The decision to divert pre-arrest resides with law enforcement officers. This type of diversion is commonly referred to as police-led diversion, and occurs when law enforcement officers encounter circumstances that suggest that avoiding the criminal justice system altogether serves the best interests of the community and
Diversion programs allow criminal justice actors to send defendants out of the court system, compelling them instead to attend treatment programs, participate in educational opportunities, and/or perform community service. These programs exist for both adult and juvenile offenders.
Instead of sending police to respond to certain 911 calls, pre-police diversion programs, such as crisis hotlines, use civilian responders to address community problems, eliminating a response from law enforcement.
Diversion is not the same as community corrections – but it is presented in this chapter, as an action that effectively keeps a person in the community. Diversion is a process whereby an individual, at some stage, is diverted from continuing on in the formal justice process.
(2) “Law enforcement diversion programs” are programs that include diversion opportunities such as “pre-arrest,” “pre-booking,” “deflection,” and “post-arrest” programs in which alleged unlawful conduct is intercepted and addressed before referral to prosecution.
Defined as alternative pathways for first-time offenders that diverge from traditional prosecution, diversion programs are explored in depth for their significance in achieving the overarching goals of rehabilitation, community safety, and cost-effectiveness.
In this series, we have examined what diversion is and what it is not, the four primary purposes of diversion, whether diversion contributes to public safety, how the “what works” research can be used to determine who should be
