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Diversion and Deferral

This section presents data on cases granted diversion or deferred judgment. Diversion and deferred judgments are alternatives to traditional prosecution that attempt to address individuals’ needs. If programmatic requirements are met, the case will be dismissed.

Why is this important? Understanding what cases are diverted or deferred and the rate of successful program completion provides information on whether the alternative minimizes unnecessary punitiveness and maintains community safety.

Note about upcoming changes to Diversion Data:  Our Diversion Team is currently transitioning to a new case management system, which we expect will bring enhanced transparency to our diversion programs and allow us to share even more information with the public.  Those efforts are ongoing, and the additional data collection that is a part of that new case management system will take time.  While we know more and better information is coming, we wanted to share the following insights on our diversion program and the individuals who participate in it.  For more background on our Diversion Team and what we do, please click here.

The data reflected below comes from internal analysis of diversion cases referred from July 1, 2021 to June 30, 2022.

  • The average age of an adult diversion client is 31.8 years old.  (Standard deviation is 12.3 years)
  • Our juvenile diversion program is for individuals under the age of 18 when the crime was committed. The average age of a juvenile diversion client is 14.9 years old. (Standard deviation is 1.84 years)
  • In FY2022, we screened 699 individuals for diversion.  Of these, 72.5% were for our juvenile program (507) and 27.5% were for our adult program. Adults (192) composed over one-quarter of diversion screening referrals.




Clients for Diversion may ultimately not participate for a variety of reasons, including a screening decision in our diversion intake process, or a decision by the client that diversion is not a good fit for them.  About 90% of individuals screened ultimately begin to participate in a Diversion program.  Below is some additional context on the race and ethnicity for individuals who are screened and participated.













While the total number of deferred judgments have declined, there are two important factors driving this reduction. First, in 2020 due to changes in the law (HB19-1263) we saw a significant reduction in low level felony drug possession charges, most of which became misdemeanor offenses. In addition to that reduction, felony filings overall are down since 2019, though not on our most serious offenses including violent crime. Both of these reductions have helped to drive the decrease in deferred judgments reflected here.


Indicators

Below are a set of indicators that provide additional context about diversion and deferrals. These indicators help the DA's Office ensure they are providing alternatives to traditional prosecution effectively and fairly.




Reminder: Race and Ethnicity data is NOT based on a consistent method of voluntary self-identification. While we work on strategies to improve that data collection, we believe it's important to engage in discussions around issues such as the one highlighted in this metric. Our office is committed to a deeper study of these issues to better understand the root causes of disparity in the criminal justice system. You can read more about these issues in our detailed report.

Click Here for more information about race and ethnicity data collection and limitations.




Reminder: Race and Ethnicity data is NOT based on a consistent method of voluntary self-identification. While we work on strategies to improve that data collection, we believe it's important to engage in discussions around issues such as the one highlighted in this metric. We have also taken additional steps to ensure that Hispanic defendants are not underrepresented due to historical data collection practices. Our office is committed to a deeper study of these issues to better understand the root causes of disparity in the criminal justice system. You can read more about these issues in our detailed report.

Click Here for more information about race and ethnicity data collection and limitations.





We are encouraged by the high level of successful completion of deferred judgments. However, given the lag in this data we will be watching closely to see how changes during the COVID-19 Pandemic impacts the success rate over the coming months and years.





We are encouraged by the low level of recidivism reflected this analysis. However, given the lag in this data we will be watching closely to see how changes during the COVID-19 Pandemic impacts this rate in the coming months and years.


Notes:

  • Underlying data counts for each chart can be accessed through this link.