Diversion Program History

The first known pretrial diversion program in the country was the Citizen’s Probation Authority program, established in 1965 in Flint, Michigan. There were only a few pretrial diversion programs in operation by 1967, when the President’s Commission on Law Enforcement and the Administration of Justice issued a report, which, among many other criminal justice initiatives, called for the expanded use of pretrial diversion. The concept of pretrial diversion was that certain individuals coming into the criminal justice system could be dealt with apart from traditional prosecution. Such individuals were those who had underlying issues or problems that had brought about their arrest, and if such issues or problems could be addressed they would be less likely to return to court in the future on new charges. Diverting cases from traditional prosecution had the added benefit of reducing criminal court caseloads.

As a result of the recommendation of the President’s Commission, in 1968, 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 Justices began funding the establishment of pretrial diversion programs in dozens of sites over multiple years.

During the decade of the 1970s, numerous states passed legislation establishing pretrial diversion as a dispositional option, fueling the growth of pretrial diversion programs. A 1974 directory listed a total of 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 number listed in the directory was 148, representing 42 states and territories. By 1980, the number had risen to over 200. Such was the promise of these programs that in 1973, the National Advisory Commission on Criminal Justice Standards and Goals recommended that pretrial diversion programs be established in all jurisdictions.

Another important event for diversion programs during the 1970s was the establishment of the National Association of Pretrial Services Agencies (NAPSA), representing both pretrial release and pretrial diversion practitioners. In 1978, NAPSA issued its first edition of Pretrial Diversion Standards. NAPSA issued revised Pretrial Diversion Standards in 1995.

While many of the early diversion programs are no longer operational, hundreds of others have been established all across the country over the past few decades. In fact, many of the specialty courts that have exploded in number over the past 10 to 15 years are pretrial diversion programs.