Diversion programs offer first-time or juvenile offenders the chance to rehabilitate their criminal record and avoid prison. They involve supervision, education, and community service, and can result in expungement of criminal records. While some argue they reduce repeat offenders and free up prison space, opponents believe they increase re-offending and strain the justice system.
Diversion programs are alternative sentencing structures adopted and maintained by a justice system. The primary purpose of diversion programs is to provide first time offenders or juvenile offenders with the opportunity to rehabilitate their criminal record and avoid spending time in prison. While diversionary programs vary by jurisdiction, many of these programs involve supervision of the defendant and an educational or community service component. Most defendants are able to have their criminal records expunged from a felony upon successful completion of a diversion program.
The traditional process for placing a defendant in a diversionary program involves several procedural steps. Generally, after a defendant has been arraigned or advised of the charges against him, the government will inform him or his attorney that a diversion program is available. The defendant will have the option of accepting the terms of the program offered or proceeding to trial. Defendants who choose to complete the program must comply with the specific provisions of the offer. These arrangements may include meeting with a probation officer periodically, completing an educational course, participating in a community service project, and refraining from illegal activities.
There are numerous arguments surrounding the potential benefits of using diversionary programs to manage offenders and minors who commit minor crimes such as simple assault or petty theft. The main argument is that these types of programs allow justice systems to operate more efficiently. They also free up space in local and regional penitentiaries to incarcerate offenders who commit crimes of a more serious nature. Many proponents of diversionary programs also claim that such programs reduce the number of repeat offenders by first-time offenders through education and community service programs.
However, some people object to diversionary programs. Opponents of the programs believe that releasing criminal defendants without consequences ultimately increases the rate of re-offending. They say leniency from diversion programs will cause defendants or potential offenders to take the justice system less seriously if they know they won’t be required to serve a prison sentence or maintain a criminal record for a first-time crime. Additionally, while diversion programs can increase the efficiency of prosecutions, repeat offenders will strain the system over time, considering they could have been incarcerated rather than released to commit subsequent criminal acts.
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