Terms
Diversion
With the astronomical rate of growth in jail populations, prisons have the option of being managed in a few different ways. The first solution is to build more beds to accommodate growing populations. Another is rehabilitation in the hope of helping inmates learn how not to come back to jail. Lastly, we can divert potential bed occupants from jail through pretrial services and diversion programs.
Diversion, regarding criminal procedure, is a system for giving a second chance to a first-time criminal accused of lesser crimes. Rather than serve jail-time, those convicted are able to perform community service, make restitution for damage caused by the crime, obtain treatment for alcohol or drug problems, or undergo counseling for antisocial or mentally unstable conduct. If the defendant cooperates and the diversion results in progress, the charges eventually may be dismissed. Diversion is usually a one-shot deal, typically not granted for a second offense.
Cases can be "diverted" out of the criminal justice system. Defendants whose cases are diverted typically have to participate in a treatment or rehabilitation program. Since criminal charges are normally dropped when a defendant successfully completes a diversion program, diversion allows defendants to escape the stigma of a criminal conviction.
The jurisdiction under which a crime is committed will affect eligibility for diversion. Diversion programs are often available to first-time offenders facing charges such as misdemeanors and nonviolent felonies involving drugs or alcohol. Some jurisdictions allow for diversion in cases involving defendants charged with domestic violence, child abuse or neglect, traffic-related offenses, or even writing bad checks.
Diversion is sometimes voluntarily offered by prosecutors to defendants who are clearly eligible under a community's guidelines. The defendant's counsel may also propose diversion to prosecutors, sometimes even before formal charges are filed. The defense counsel may wait until a defendant's first court appearance and ask the judge to order an "evaluation for diversion."
When a defendant is referred for diversion will then meet with a probation officer who conducts an investigation and prepares a report as to the defendant's suitability for diversion. The report may specify the type of program that is most appropriate for the defendant. Judges normally follow a probation officer's recommendation.
A new method of diversion is the Sheriff's Telephone Alternative Release program (STAR), which has proven a valuable solution. STAR uses a voice verification monitoring system that allows jail administrators, correctional agencies, and the criminal justice system to monitor low-risk offenders under probation or house arrest. This completely automated system randomly calls offenders at their authorized locations and, with accuracy, matches their voices to a recorded voice template.
If you or someone you know has been charged with a crime and are a first time offender, you may meet diversion requirements. Diversion can protect your criminal record from haunting your future. Contact an attorney today to find out if your case is eligible for diversion.
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