PRINTER'S NO. 2567
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
314
Session of
2024
INTRODUCED BY KHAN, HARRIS, PIELLI, MADSEN, KINSEY, SANCHEZ,
SCHLOSSBERG, KAZEEM, PARKER, D. MILLER, HOWARD, BOROWSKI,
KENYATTA, MAYES, HANBIDGE AND STEELE, FEBRUARY 5, 2024
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2024
A RESOLUTION
Directing the Joint State Government Commission to study
diversion programs and make recommendations for improving
existing diversion programs and establishing new diversion
programs.
WHEREAS, Research has demonstrated that depending on punitive
approaches in addressing criminal behavior does not effectively
promote public safety; and
WHEREAS, Racial and gender disparities continue to be
prevalent in the criminal justice system as a disproportionate
number of Black individuals and other people of color are
incarcerated; and
WHEREAS, Furthermore, those involved with the criminal
justice system as a result of poverty-related crime, mental
health and substance use disorders are unjustly penalized rather
than provided with assistance; and
WHEREAS, In order to address these disparities and the
underlying cause of criminal behavior, prosecutors and police
are adopting diversion programs in communities across the
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nation; and
WHEREAS, Diversion is an effective alternative method in
promoting long-term community safety, diverting individuals from
the criminal justice system and reducing recidivism; and
WHEREAS, With a focus on rehabilitation and community-based
treatment as opposed to punitive measures, individuals involved
in the criminal justice system have the opportunity to receive
proper support; and
WHEREAS, Approaches to diversion include prepolice encounter
diversion, prearrest diversion, precharge diversion and pretrial
diversion; and
WHEREAS, Prepolice encounter diversion includes situations in
which police may encounter an emergency that does not require
law enforcement but necessitates crisis hotlines or civilian
responders to mitigate community problems; and
WHEREAS, Prearrest diversion programs reduce arrests and
placement in jails by providing law enforcement with the
discretion to divert individuals who have engaged in low-level
offenses; and
WHEREAS, Precharge diversion, which can be operated by
courts, law enforcement agencies, prosecutors and community-
based organizations, may divert individuals prior to being
charged with a crime; and
WHEREAS, Pretrial diversion programs, such as problem-solving
courts, provide an individual charged with a crime the
opportunity to complete program requirements and may include
deferred adjudication through community service; and
WHEREAS, Diversion programs are vital in reforming our
criminal justice system and increasing public safety; therefore
be it
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RESOLVED, That the House of Representatives direct the Joint
State Government Commission to study diversion programs and make
recommendations for improving existing diversion programs and
establishing new diversion programs; and be it further
RESOLVED, That the report shall include recommendations for
improving existing diversion programs and establishing new
programs that other states have successfully implemented or that
are likely to be successful in this Commonwealth; and be it
further
RESOLVED, That the report include an explanation of
facilitators of and barriers to existing diversion programs; and
be it further
RESOLVED, The Joint State Government Commission report its
findings to the House of Representatives within one year of the
adoption of this resolution.
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