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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2017 - 2018
Regular Session
MEMORANDUM
| Posted: | March 23, 2018 11:44 AM |
|---|---|
| From: | Senator Stewart J. Greenleaf |
| To: | All Senate members |
| Subject: | Jail Diversion |
| I am introducing legislation adding a new chapter to Part V (Administration of Justice) of Title 42 (Judicial Code) which would provide for jail diversion programs. A jail diversion program is an alternative to punishment for individuals who will benefit from a treatment program. Diversion programs benefit the criminal justice system by reducing costs and allowing resources to be allocated more efficiently for more serious offenders. According to numerous studies over many years, pretrial diversion programs result in outcomes for participants that are better than incarceration, including reducing the likelihood that participants commit future crimes and improving substance abuse and mental health outcomes. A study of the New York City Jail Diversion Project, 12 months after their offense, found offenders who go through a diversion program are less likely to reoffend, spend less time in prison, have received more treatment, and are less likely to suffer drug relapses. Also, a study in the Journal of the American Academy of Psychiatry and the Law indicates that diversion programs reduce the amount of time participants spend in jail for future offenses from an average of 173 days to an average of 40 days during the year after the offense. Research also demonstrates that offenders who have participated in diversion programs are better able to find employment. In 2011, Seattle established the law enforcement assisted diversion (LEAD) program. Under this program, a law enforcement officer can choose to divert a person who has committed a low-level drug or sex work offense to a case manager instead of incarceration. According to a Huffington Post article entitled What Is Law Enforcement Assisted Diversion (LEAD)?, “The Seattle program evaluation showed that after 2 years, LEAD participants were 58% less likely to recidivate than their counterparts. While the average incarceration costs $42 per day, participation in LEAD costs only $17.50 per day after the initial high utilization period.” Under my legislation, should local law enforcement or court officials suspect at any time during the criminal justice process, specifically pre-booking, post-booking, or post-plea, that an individual, who committed a nonviolent, misdemeanor offense, has a substance use disorder or mental health issue, they shall direct that the person undergo a screening to determine whether, and to what extent, the person has a substance use disorder or mental illness. If after a screening the health care provider determines that the person has a significant substance use disorder or mental health illness necessitating treatment, the provider’s assessment and recommendation for treatment shall be given to local law enforcement or the court for consideration. Should appropriate services for the individual be available in the community and the individual voluntarily agrees to treatment, local law enforcement or the court may divert the person from jail and into an evidence-based treatment program based on the treatment plan submitted by the health care provider. If the offense committed by the individual involves a victim, the individual may be required to pay restitution due to the victim as part of the diversion program requirement. Under any jail diversion program, the charges may be reduced or dropped upon confirmation from the service provider that the person successfully completed the appropriate community-based services. However, should an individual fail to complete the requirements of the diversion program, local law enforcement or the court must determine if there is good cause to arrest the individual for the original nonviolent, misdemeanor offense and, if so, refer the case to the district attorney to determine whether prosecution is appropriate or, in the absence of a finding of good cause, allow the individual to continue in the diversion program. Local law enforcement and the court shall collaborate with program service providers and any other appropriate public officials in developing a pre-booking or pre-arrest diversion program, post-booking diversion program or post-plea diversion program, and develop its policies and procedures, including, but not limited to, eligibility criteria, program implementation and operation, and the determination of the fee, if any, to be paid by individuals participating in the program, based upon the financial capabilities of the participant. |