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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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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.
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
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.
(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.
Diversion is a process whereby an individual, at some stage, is diverted from continuing on in the formal justice process. Diversion can come as early as initial contact with a law enforcement officer, if they exercise their discretion to not arrest, and thus place the individual in the criminal justice system.
OCT. 2021 – Diversion and deflection programs are highly effective at preventing recidivism, decreasing incarceration, and keeping the limited resources of courts and law enforcement focused on true public safety threats.
Law Enforcement Assisted Diversion (LEAD) is a pre-booking diversion model that allows officers to divert individuals charged with minor offenses away from prosecution and into community-based services in order to address addiction, mental health, and/or behavioral health conditions that may have contributed to the offense.