History of Diversion Programs

The first pretrial diversion program in the United States was the Citizen’s Probation Authority program, established in 1965 in Flint, Mich. Only a few pretrial diversion programs existed by 1967,  when the President’s Commission on Law Enforcement and the Administration of Justice issued a report calling for the expanded use of pretrial diversion.

Through pretrial diversion programs, courts can more effectively address the underlying problems that contribute to criminal behavior, and reduce the likelihood of future crime. In pretrial diversion programs, defendants with a specific problem such as drug addiction or mental illness are handled by a special court that has resources and trained staff to address these issues.  Typically, cases are diverted at the outset of the case, in lieu of prosecution.  The charges can be dropped or reduced when the defendant successfully completes diversion supervision.  Diverting cases from traditional prosecution has the added benefit of reducing criminal court caseloads.

In 1968, as the result of the commission’s recommendation, dozens of sites began receiving funding to establish pretrial diversion programs from two federal agencies, the Manpower Administration of the U.S. Department of Labor and the Law Enforcement Assistance Administration (LEAA) of the U.S. Department of Justice.

During the 1970s, numerous states passed legislation establishing pretrial diversion as a dispositional option, fueling the growth of pretrial diversion programs. A 1974 directory listed 57 diversion programs in 22 states and the District of Columbia. The 1975 directory listed 118 programs in 31 states, the District of Columbia, Puerto Rico, and the Virgin Islands. In 1976, the directory listed 148, representing 42 states and territories. By 1980, the number had surpassed 200. Recognizing the promise of these programs, the National Advisory Commission on Criminal Justice Standards and Goals recommended in 1973 that all jurisdictions establish pretrial diversion programs.

The establishment of the National Association of Pretrial Services Agencies (NAPSA) marked another milestone for diversion programs in the 1970s. NAPSA was designed to represent both pretrial release and pretrial diversion practitioners. NAPSA issued its first edition of Pretrial Diversion Standards in 1978 and a revised edition in 1995.