A diversion program is a form of pretrial sentencing that helps remedy behavior leading to the arrest in the criminal justice system. It is a broad term referring to “exit ramps” that move people away from the criminal legal system, offering an alternative to arrest, prosecution, and a life behind bars. Diversion programs focus on root problems and target the underlying problems that led to the criminalized behavior in the first place. The purpose of diversion programs is to redirect youthful offenders from the justice system through programming, supervision, and supports. Diversion programs are typically designed to provide youth with experiences that are different from traditional juvenile justice experiences. Diversion decisions and activities usually occur at the earliest stages of involvement in the juvenile justice system.

The purposes of diversion are generally thought to include relief to the courts, police department, and probation office, better outcomes compared to the direct involvement of the court system, and an opportunity for the offender to avoid prosecution by completing various requirements for the program. These requirements may include education aimed at preventing future offenses by the offender, restitution to victims of the offense, completion of community service hours, and avoiding situations for a specified period in the future that may lead to committing another such offense (such as contact with certain people) . Diversion programs often frame these requirements as an alternative to court or police involvement or, if these institutions are already involved, further prosecution. Successful completion of program requirements often will lead to a dismissal or reduction of the charges, while failure may bring back or heighten the penalties involved.

Diversion programs can last from six months to a year or more. These programs emphasize counseling, treatment, and behavior modification over punitive measures. Often, participants must agree to attend classes and vocational training, participate in individual or group therapy or counseling, perform community service work, make restitution to any victim, and pay fines. When creating a diversionary program, legislators identify the types of offenses that make offenders eligible for it. These offenses are typically minor and non-violent, such as petty theft, personal possession of certain drugs (not possession for sale), and in some states, driving while under the influence of alcohol or drugs. Some states include assaults that involved very minor or no injuries, and some include domestic violence and child abuse or neglect. Most programs limit participation to those who have no prior convictions for the charge they now face.

In summary, a diversion program is a program that moves people away from the criminal legal system, offering an alternative to arrest, prosecution, and a life behind bars. It fo...