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The scope and variety of diversion programs across the country reflect a policy and political context that is increasingly receptive to the benefits of diversion. Diverting individuals away from charges and into diversion programs that more effectively and efficiently address the conditions underlying criminal behaviors, is the new normal and has become an expectation to offer.

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A  DIVERSION  PROGRAM  CAN  HELP  YOU ACHIEVE  SUCCESS  IN  YOUR  COMMUNITY

   THE  KEYS  TO  IMPLEMENTING  A  SUCCESSFUL  DIVERSION  PROGRAM   

STRUCTURE YOUR PROGAM – IDENTIFY THE GOALS

The first step to developing your own diversion program is to identify goals that the program aims to address. Traditionally, as stated by the National District Attorneys Association (NDAA), “The purposes of diversion programs include: Unburdening court dockets and conserving judicial resources for more serious cases; reducing the incidence of offender recidivism by providing community-based rehabilitation that would be more effective and less costly than the alternatives available in continued criminal prosecution.” -NDAA Standards, Part IV, Commentary.

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ACHIEVE YOUR PROGRAM'S GOALS

Some examples of goals you should likely consider include:

  • Determine who is eligible for what offenses

  • Reduce Docket maintenance and conserve resources

  • Reduce Recidivism

  • Ensure Equal Justice

  • Proportionality/Reduction of Stigma and Collateral Consequences

  • Stipulations for program completion/failure

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CONSIDER THE PROGRAM'S ASSOCIATED COSTS

A good measure to consider is comparing the cost of diversion programs to the defendant’s potential out-of-pocket trial costs, including filing fees and court fees. Often, even an offender-funded diversion program is more cost effective for the participant than traditional court costs and fees. However, be wary of hidden out-of-pocket costs like drug testing and counseling. 


Offering payment plans instead of billing the full amount of diversion up front, as well as providing fee assistance from an indigent fund, are two strategies that help defendants pay for the program.  Another strategy is to charge program fees on a sliding scale based on the defendant's income.​

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Lastly, one way to keep program costs low for defendants and administration costs low for your office is to look for outside partners to administer some or all of the diversion program conditions. These companies and organizations take on the paperwork, administrative duties, and infrastructure that are costly and time consuming to do in-house, without taking over any prosecutorial functions. (i.e., payment options/processing, call center operations, and coordinating with drug test centers, community service providers, and instructors)


When considering a diversion program partner, here are some key qualities to look for:  

  • Experience (do they have a successful track record of doing this type of work?)

  • Financial stability (have they demonstrated that they can financially handle the startup and maintenance of the diversion program and staff it accordingly?)

  • Transparency of their operation and results

  • Case management software that includes robust reporting capabilities

  • Call center capabilities (are they reliably present to answer participants' questions?)

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