About Jail Diversion
The concept of “diversion” as it relates to the criminal justice system has many meanings. Different diversion programs by various entities target different points along the criminal justice continuum. Many jail diversion program (JDP) initiatives lead to the creation of alternatives to incarceration or to actions that avoid arrest and courts altogether. In short, diversion initiatives and activities often result in diversion into and linkage with treatment.
The need for jail diversion programs stems from several factors, including:
- People with mental illness and substance use disorders are over-represented in the criminal justice system compared to their prevalence in the general population.
- National research has found that 7% to 10% of all police calls involve a person with a mental disorder, though, some local police departments in Massachusetts have reported percentages twice these averages. National research has found that up to 31% of individuals in US jails suffer from serious mental illness.
- A portion of individuals with serious mental illness cycle in and out of the mental health, substance use disorder and the criminal justice system and may, for a variety of reasons, receive minimal treatment in the process.
- The Technical Assistance Policy Analysis Gains Center notes that people whose mental illness is untreated can sometimes act in ways that the general public considers to be frightening or threatening. When effective treatment is available, people with mental disorders (in the absence of substance use disorder) generally, except in rare circumstances, present no greater risk to the community than people in the general population.
Mental illness is not in and of itself associated with criminal behavior. Most people suffering from a mental illness are more likely to be a victim than a perpetrator of crime. For people with behavioral health conditions that do commit crimes, the link from the crime to their mental condition can vary from a very strong one to a weak or non-existent one. Jail diversion programs must consider broader goals of decreasing criminal justice penetration by people with mental illness and substance use disorders, regardless of whether the behavioral health condition is the driver of the criminal behavior.
Jail diversion programs that generate alternatives to arrest and successful diversions into treatment can alleviate jail overcrowding, reduce unnecessary prosecution and court costs, and reduce incarceration costs. Additionally, such programs can also decrease unnecessary visits to emergency departments and produce a number of intangible benefits to individuals encountering police, their family and friends.