It is important for a community to understand what Diversion within the juvenile justice system means to allow the community to provide the best rehabilitative services for its youth. In its simplest definition Youth Diversion is the act of intervening in a youth’s criminal and delinquent behavior by providing accountability and opportunity to address the negative causes of such behavior with the goal to avoid the justice system.
Diversion came from two theories of practice: labeling theory and differential association theory (OJJDP 2017). These theories state sending youth through the legal system for offenses that can be better addressed in the community does more harm to their physical and mental wellbeing while also causing lasting stigmatization and decreasing their pro-social opportunities in the future. It also exposes youth to more advanced criminal behavior from peers or adults involved in the legal system which can increase the youth’s odds of reoffending. In short, sending certain youth through a formal legal system causes more harm while exposing them to more advanced criminal and delinquent behavior resulting in higher chances of reoffending.
In almost all types of Diversion there are certain conditions to be met for participating youth. Youth Diversion does have a downside of not being consistent across all entities utilizing Diversion practices. However, all Diversion models have similar components within their model:
| Point of Contact | The method of entry into the juvenile justice system ranging from arrest to adjudication, but usually prior to disposition, when a youth is formally sentenced by a judge. |
| Setting | Can occur in a justice setting (i.e., teen/youth court, drug court, mental health court) or in a non-justice setting (i.e., the community). The setting can vary in the way in which charges are handled, and whether sentencing is suspended or fully processed. |
| Structure | Some are highly structured, with criteria for program inclusion determined by referral, the outcome of a risk/needs assessment, or other factors such as age, type of offense, and criminal history. Failing to comply with program requirements may lead to dismissal and referral back to court. |
| Target Population | Whether for youth who commit first-time offenses, status offenses, misdemeanor offenses, or inclusive felony or violent offenses. Services can also target specific types of offenses or age groups. |
| Types of Intervention | Vary in the primary form of intervention or service provided such as therapeutic in nature, geared toward behavior modification, involve community service activities, and/or include some form of restitution to victims or the community. |
| Formal and Informal Processing | Formal diversion programs usually occur after arrest and involve 1) a justice component (police decisions, probation supervision, court processes), and 2) a service component. Informal or caution or warning programs are the least invasive and serve to divert youths out of the system with little to no further action. |
Does Diversion Work?
Yes! According to research Diversion is more effective in reducing recidivism than more conventional judicial interventions (The Annie E. Casey Foundation 2020).
How Common is Diversion?
In 2018 41% of youth across the country have been diverted. Of the 59% of U.S. delinquency referrals that were formally processed, only 6% were for violent offenses (The Annie E. Casey Foundation 2020).
Could More be Diverted?
Yes! It is estimated by The Annie E. Casey Foundation that at least 60% of juvenile cases could be diverted.
To learn more, read the complete reports from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and The Annie E. Casey Foundation listed below.
References:
Office of Juvenile Justice and Delinquency Prevention
THE ANNIE E. CASEY FOUNDATION