Diversion from Formal Juvenile Court Processing Literature Review

Last updated: February 2017 www.ojjdp.gov/mpg

Office of Juvenile Justice and Delinquency Prevention www.ojjdp.gov

Diversion from Formal Juvenile Court Processing

Juvenile diversion programs allow youths who commit offenses to be directed away from more formal

juvenile justice system involvement (Bynum and Thompson 1996). Some diversion programs are

pretrial or predisposition, which means that youths are diverted away from system processing from

the outset; however, others begin only after formal adjudication or an admission of guilt. In these cases,

youths are diverted away from detention or incarceration, but are still formally processed (Models for

Change 2011).

The focus of this literature review is on diversion programs that range from the initial point of contact

with the justice system (such as contact with the police) up until disposition in the juvenile courts, at

which point a youth may still be redirected away from formal court processing. Thus, this review does

not include literature on diversion programs after disposition, including court-mandated alternatives

to detention and detention itself.

Diversion is predicated on the belief that formal system processing and/or incarceration has

criminogenic effects and that alternatives such as decriminalization, deinstitutionalization, and

diversion are better for long-term youth development (Bishop and Decker 2006; McAra and McVie

2007; Loeb, Waung, and Sheeran 2015). In creating informal channels to navigate youths (generally

those who have committed first-time or status offenses) away from traditional processing, diversion

programs serve as opportunities to correct youths’ antisocial behaviors with the assistance of their

families and the community, rather than through the justice system (Kammer, Minor, and Wells 1997;

Patrick and March 2005).

Diversion programs are intended to hold juveniles accountable for their behavior (Mackin et al. 2010;

Beck et al. 2006) without formal court involvement. As an alternative to traditional processing,

diversion programs are designed to reduce stigma, reduce coercive entry into the system and

unnecessary social control, reduce recidivism, provide youths with services they would not have

otherwise received, and connect them to broader community service alternatives (Harris et al. 2011;

Leve and Chamberlain 2005; Osgood and Weichselbaum 1984). Diversion programs are also designed

to reduce the risk of criminal socialization by providing role models and positive peers, instilling

discipline, improving school engagement, and increasing levels of overall youth functioning (Loeb,

Suggested Reference: Development Services Group, Inc. 2017. “Diversion Programs.” Literature review. Washington, D.C.:

Office of Juvenile Justice and Delinquency Prevention. https://www.ojjdp.gov/mpg/litreviews/Diversion_Programs.pdf

Prepared by Development Services Group, Inc., under cooperative agreement number 2013–JF–FX–K002. Points of view or

opinions expressed in this document are those of the author and do not necessarily represent the official position or policies of

OJJDP or the U.S. Department of Justice.

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Waung, and Sheeran 2015; Jordan et al. 2013; Beck et al. 2006).

Diversion programs have also been implemented as a strategy to reduce the costs of formal court

proceedings by diminishing the burden on the juvenile court system and detention facilities (Models

for Change 2011). Diversion leads to a decrease in the caseloads of prosecutors, judges, and juvenile

probation officers. In addition, diversion leads to a decrease in the number of youths sent to detention

facilities. The cost of formally processing youths through the system and housing them is often greater

than the cost of many diversion programs (Petrosino, Turpin-Petrosino, and Guckenberg 2013). For

example, between 2005 and 2008, Florida’s Office of Program Policy and Analysis and Government

estimated that it would cost $50.8 million to house juveniles in detention centers and only $14.4 million

to send them to a diversion program (National Conference of State Legislatures 2011). Such programs

allow for the system’s limited resources to be reallocated toward juveniles who commit more serious

offenses (Cuellar, McReynolds, and Wasserman 2006). Diversion programs may reduce the strain on

the entire juvenile justice system and improve its overall efficiency (Patrick and Marsh 2005).

Theoretical Foundation

The concept of diversion originally arose from two theoretical rationales. The first, labeling theory

(Becker 1963), contends that processing certain youths through the juvenile justice system may do more

harm than good, because it inadvertently stigmatizes and ostracizes them for having committed

relatively minor acts that may have been more appropriately handled outside the formal system

(Lundman 1993; Klein 1986). As Akers explained, labeling theory “advances the thesis that individuals

who are labeled or dramatically stigmatized as deviant are likely to take on a deviant self-identity and

become more, rather than less, deviant than if they had not been so labeled” (1994, 128). A label of

“deviant,” “delinquent”, or “juvenile offender” can affect the way in which youths come to define

themselves and how society perceives them, thus influencing their future behaviors and dictating the

social roles they can assume (Dick et al. 2004).

The second, differential association theory (Cressy 1952; Sutherland 1974), suggests that system-

involved youths will adopt antisocial attitudes and behaviors from their delinquent peers. Exposure to

and fraternization with more advanced delinquent youths and adults is thought to have a criminogenic

effect that increases the probability of youths reoffending (Loeb, Waung, and Sheeran, 2015; Tustin and

Lutes 2005). By reducing youths’ exposure and contact with the juvenile justice system, diversion

programs aim to minimize the effects of labeling them as deviant and limit their opportunities to

associate with delinquent peers and adopt antisocial behaviors.

More recently, the developmental perspective in juvenile justice also suggests that most youths mature

out of offending behavior as it is a short-lived, normal part of adolescence. Adolescence represents a

period between childhood and adulthood characterized by experimentation and risk-taking behaviors,

sensitivity to peers and other social influences, and the development of individual identity (Collins and

Steinberg 2006; Spear 2010). For most youths, this period of exploration ceases as their individual

identities are established, and only a small percentage of youths persist in their offending behavior into

adulthood (Moffitt 1993). Consequently, diversion programs focused on minimal intervention are

consistent with the idea that the juvenile justice system can facilitate a successful, prosocial transition

to adulthood, while also holding youths accountable for their antisocial behaviors (Bonnie et al. 2013).

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Features of Diversion Programs

While diversion programs share the goal of processing youths away from more formal juvenile justice

system involvement, the nature of diversion practices differs according to the type of program (Hoge

2016; Mears et al. 2016). These programs vary significantly in their approaches and methods (Cox,

Conrad, and Allen 2003; Hamilton et al. 2007), and many of the differences can be found across six main

components: 1) points of contact, 2) setting, 3) structure, 4) target population, 5) types of intervention

or services delivered, and 6) formal and informal processing.

Six Main Components

Points of Contact. Diversion programs vary according to the contact point or the method of entry into

the juvenile justice system (Cocozza et al. 2005). Diversion can occur at contact points ranging from

arrest to adjudication, but usually prior to disposition, when a youth is formally sentenced by a judge

(Rousch 1996; Regoli and Hewitt 2000). Depending on the point at which a youth enters the system,

diversion can include a range of approaches used as alternatives to either initial or continued justice

processing.

Setting. Depending on the needs of the juvenile, diversion programs can occur in a justice setting (i.e.,

teen/youth court, drug court, mental health court) or in a non-justice setting (i.e., the community); the

setting can vary in the way in which charges are handled, and whether sentencing is suspended or fully

processed (Cocozza et al. 2005).

Structure. Some diversion programs are highly structured, with criteria for program inclusion

determined by referral, the outcome of a risk/needs assessment, or other factors such as age, type of

offense, and criminal history. Such programs may also lay out specific conditions and responsibilities

that youths must follow to enter and remain in the program. These diversion programs often involve a

system of incentives and sanctions, used to motivate youths to meet the terms of the program and

ensure program completion. Failing to comply with program requirements may lead to dismissal from

the program and a referral back to juvenile court (Models for Change 2011).

Target Population. Diversion programs vary by target population, whether for youths who commit

first-time offenses, status offenses, misdemeanor offenses, or inclusive felony or violent offenses.

Services can also target specific types of offenses (such as truancy or drugs and alcohol) or specific age

groups (Cocozza et al. 2005).

Types of Intervention. Programs may also vary in the primary form of intervention or service provided.

Depending on the intervention, services can be therapeutic in nature, geared toward behavior

modification, involve community service activities, and/or include some form of restitution to victims

or the community. Such service strategies include reintegrative shaming conferences, restorative

justice, truancy intervention programs, juvenile holdover programs, respite or shelter care, mentoring

programs, curfew prevention programs, parent training, and underage-drinking prevention and

intervention programs (Cocozza et al. 2005).

Formal and Informal Processing. Diversion programs also vary across two general types: informal and

formal. Informal or caution or warning programs are the least invasive and serve to divert youths out of

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the system with little to no further action (Wilson and Hoge 2013). They emphasize warning about

future consequences of continued antisocial behavior from family or local law enforcement (Potter and

Kakar 2002). In caution programs, youthful involvement with the system is at its most limited point

(Wilson and Hoge 2013; Polk 1984). Juveniles diverted by police officers can be warned and released

with no conditions, released and referred to community-based services, and/or discharged with

pending charges. If no further contact with the law occurs, any postarrest charges are dismissed after a

specified time (Models for Change 2011; Mears et al. 2016).

Alternatively, formal diversion programs usually occur after arrest and involve 1) a justice component

(police decisions, probation supervision, court processes), and 2) a service component (Dembo,

Wareham, and Schmeidler 2005). After charges are filed, youths can be referred by prosecutors or

judges to programs that range from simple surveillance to participation in an intervention. Conditions

of formal diversion tend to include an admission of guilt and an agreement to participate in available

and suitable programming. Successful completion of the terms of the agreement usually does not result

in additional judicial processing (Models for Change 2011; Wilson and Hoge 2013).

Recent Developments in Diversion

Diversion programs have evolved over the past few years, especially in relation to two of the six main

components: setting (of services) and types of intervention. These changes in setting and types of

intervention described below are intended to reflect true diversion and provide some of the often-

missing information needed to improve the nature, quality, and number of services that youths in

diversion programs receive (Wilson and Hoge 2013).

Setting. Diversion programs are moving more and more toward community-based settings, because of

the tendency of programs within institutional settings to 1) reflect formal incarceration and potentially

dampen any positive effects of treatment and services (Andrews et al. 1990b); 2) have more adverse

effects through greater associations with antisocial peers (Dodge, Dishion, and Lansford 2007); and 3)

have no greater effect on youths than those programs without juvenile justice supervision (Lipsey 2009).

Types of Intervention. To provide targeted services to youths and decrease the likelihood of

reoffending, diversion practices are now focused on identifying the attributes of the clients most suited

to certain types of programs and providing more direct therapeutic interventions within the diversion

process (Wilson and Hoge 2013). Many programs rely heavily on the risk/need/responsivity (RNR)

model, which suggests that focused therapeutic interventions are required for diversion programs to

successfully address the risk factors often attributed to antisocial behaviors (Andrews et al. 1990a). This

model suggests that 1) the intensity of the interventions should reflect the level of risk, 2) criminogenic

needs should be targeted, and 3) decisions about programming should also consider other needs (i.e.,

academic skills, emotional problems) and strengths exhibited by youths (Vincent, Guy, and Grisso 2012;

Andrews and Bonta 2010). Many practitioners have relied on the RNR model and employed risk/needs

assessments to collect and synthesize information about youths to determine their level of risk for

recidivating as well as their specific treatment and service needs (Schwalbe 2008). For more

information, see the Model Programs Guide literature review on Risks/Needs Assessment for Youths. In

terms of diversion programs, usually reserved for youths who present with low or moderate levels of

risk, this equates to providing precise yet minimal interventions.

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Limitations of Diversion

From a theoretical perspective, the limitations of diversion include potential incompatibility between

diversion and the concepts of due process and fundamental fairness (Siegel and Welsh 2014), which

posits that all youths should be punished or held accountable for all offending behavior (Mears et al.

2016) to discourage future offending.

In addition, diversion programs may “widen the net” of the state system (Mears et al. 2016) and increase

(rather than decrease) the number of youths under the control of the state, by taking in youths who

otherwise might never have come into contact with the system (Greene 2011; Sprott, Doob, and Greene

2004; Curran 1988). Prior to the implementation of diversion programs, juveniles who committed minor

offenses would probably have been released from the system and would not have been negatively

affected by court processing (Rausch and Logan 1983). Moreover, Sullivan and colleagues (2007) have

indicated that many youths selected for diversion programs were usually those who would generally

not continue to reoffend, contributing to the impression that a program was successful even though the

youths’ behavior would have improved without any form of intervention (Patrick et al. 2004; Bishop

and Decker 2006; Mallett, 2011). According to these critics, diversion programs extend social control to

youths who would ordinarily have been released to the community, do not prevent stigmatizing, and

may even increase recidivism.

Another potential limitation is whether diversion programs are discriminatory in nature due to

inconsistent patterns in juvenile justice decision making. For example, a number of studies indicate that

police can be influenced by their personal biases, including a youth’s race, and/or economic status

(Schulenberg 2003; Johnson and Dipietro 2012; Tapia 2010). These programs could potentially lead to

disproportionate representation of minority youths in the juvenile justice system, as the process to select

youths eligible for diversion may be arbitrary (Kammer, Minor, and Wells 1997; Regoli and Hewitt

2000; Mears et al. 2016). Maclure and colleagues (2003) found that some court administrators believe

that police discretion often leads to inconsistencies in the diversion process, including that black youths

are subject to higher levels of court processing (Lieber and Stairs 1999). In this way, due to their

subjective nature, diversion programs may be contrary to the concepts of fairness and justice and violate

the civil rights of youths and their families (Sheldon 1999; Mears et al. 2016).

Outcome Evidence

Recent meta-analyses reviewing both early and more recent studies (1982–2010) have found mixed

results on the impact of diversion programs. Schwalbe and colleagues (2012) found that recidivism was

the most common outcome reported across all 28 studies included in their analysis; however, the effect

of diversion programs on recidivism was nonsignificant and no better than traditional juvenile justice

processing. On the other hand, Wilson and Hoge (2012) looked at the results from 45 studies published

between 1972 and 2010 and found that the average recidivism rate of diverted youths was significantly

lower than that of comparison youths who went through the traditional justice system (for more

information, see Juvenile Diversion Programs).

Early studies (Elliott and Blanchard 1975; Klein 1976) found little or no difference in recidivism between

diverted and nondiverted youths or increased recidivism (Lincoln 1976). However, more recent studies

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on diversion programs have generally yielded more positive results. Studies have indicated that

diversion programs have resulted in a reduction in future offending, compared with traditional justice

processing (McCord et al. 2001, Hodges et al. 2011). Dryfoos (1990) and Shelden (1999) have argued that

the most successful programs are those that provide intensive, comprehensive services over an

extended period, coupled with placement in community-based programs. Of the programs that offered

services, research suggests that they are most effective when services are based on the youths’ level of

risk for offending (August, Piehler, and Bloomquist 2016).

Although there are indications of positive outcomes, diversion programs have expanded and changed

substantially (Puzzanchera and Kang 2008), meaning that assessing the evidence or impact of diversion

on juvenile offending is complex (Osgood and Weischeselbaum 1984; Mears et al. 2016). Given the

many desired outcomes of diversion programs, measuring their efficacy continues to pose a challenge

(Hamilton et al. 2007). In addition, many studies also suffer from methodological issues having to do

with a lack of appropriate comparison groups (Butts and Buck 2002; Beck et al. 2006). Without

comparison or controls groups to establish a baseline group for intervention, it is difficult to assess the

exact impact of diversion programs (Patrick et al. 2004; Mears et al. 2016).

Examples of current diversion programs in the Model Programs Guide include the following:

Adolescent Diversion Project (Michigan State University). Adolescent Diversion Project (ADP) is a

strengths-based, university-led program that diverts arrested youth away from formal judicial

processing and provides them with services within their community. The goal of the program is to

prevent future delinquency by strengthening a youth’s attachment to family and other prosocial

individuals, and avoiding potentially stigmatizing environments such as juvenile detention. ADP

program is an 18-week intervention, tailored to the specific needs of each youth, where the caseworkers

spend 6–8 hours per week with youths in their homes, schools, and communities. During the first 12

weeks of the program, called the active phase, caseworkers spend time each week providing direct

assistance, identifying resources, and improving skills in areas such as family relationships, school

issues, employment, and free-time activities. During the last 4 weeks, caseworkers transition to the role

of consultant, where they prepare youths to use the techniques and strategies they have learned

following the end of ADP.

An evaluation of ADP conducted by Davidson and colleagues (1987) found that although there were

no significant differences on self-reported measures of delinquency, there were significant differences

in rates of official delinquency. Youths randomly assigned to one of the six treatment strategy groups

were significantly less likely to have had a court petition filed during the 2 years following the end of

the program, compared with the control group. Similarly, a second study of ADP by Smith and

colleagues (2004) found that at the 1-year follow up, youths who received services through the

diversion program had a 22 percent recidivism rate, compared with a 32 percent recidivism rate for

youths who were diverted, but received no services; and a 34 percent recidivism rate for youths who

went through formal court processing. The results of both studies suggest that the interactive diversion

intervention led to better results, compared with regular court processing of juveniles who committed

first-time or status offenses, but only if juveniles were thoroughly separated from the system (Davidson

et al. 1987; Smith et al. 2004).

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Multisystemic Therapy for Youth with Problem Sexual Behaviors (MST-PSB). MST-PSB is a

therapeutic program for adolescents who have committed sexual offenses and demonstrated other

problem behaviors by providing treatment within the adolescent’s natural environment—that is, where

the youth lives. MST–PSB is designed to reduce problem sexual behaviors, antisocial behaviors, and

out-of-home placements. The program targets factors underlying problematic juvenile sexual behavior,

primarily by addressing a youth’s socialization processes and interpersonal transactions. Program staff

members work directly with the youth’s family and directly or indirectly with others in the youth’s

community such as peers, teachers, or probation officers. One goal is to empower the parents by

providing them the skills and resources needed to raise their adolescent. This program can be

implemented as part of preadjudication diversion or postadjudication probation.

An evaluation of MST-PSB by Borduin, Schaeffer, and Heiblum (2009) found that MST participants

showed symptom decrease over time, and parents reported decreased behavior problems. Participants

showed increases in cohesion and adaptability. There was an improvement in peer relations, a decrease

in self-reported delinquent behavior, and fewer arrests and incarceration. The results of this study

suggest the promising effects of therapeutic diversion on youths’ future sexual and problem behaviors

(Borduin, Schaeffer, and Heiblum 2009).

Special Needs Diversionary Program (SNDP). SNDP is a diversion program in Texas designed for

youths with mental illness who commit offenses. The goal of SNDP is to offer mental health treatment

in conjunction with specialized probation supervision to juveniles ages 10–17, who display low levels

of conduct and mental health disorders, with the aim of rehabilitating and preventing them from

subsequent delinquency. Using a wraparound model, the program is an intensive case-management

strategy that uses probation and professional mental health staff from community-based services to

provide individual and group therapy, life-skills training, mentoring, anger-management classes,

parental education, and support.

An evaluation of SNDP by Cuellar and colleagues (2006) found that youths referred to the SNDP

program significantly reduced the total number of rearrests within 1 year following the program,

compared with youths not enrolled in SNDP. Over a 1-year period, 63 fewer arrests occurred per 100

youths served by the program. The results of this study suggest that mental health diversion can be

used effectively to prevent or at minimum delay youth recidivism (Cuellar, McReynolds, and

Wasserman 2006).

For more information on these programs, please click on the links below.

Adolescent Diversion Project (Michigan State University)

Multisystemic Therapy for Youth with Problem Sexual Behaviors

Special Needs Diversionary Program (Texas)

Conclusion

Diversion programs are intended to move youths away from judicial processing to avoid the

stigmatizing and criminogenic effects of penetration into the juvenile justice system. Although these

programs are fairly common and continue to be implemented (Wilson and Hoge 2013), there is no

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commonly accepted definition (Wong et al. 2016) or set of policies and practices (Hoge 2016). Given the

considerable variability in approaches and methods, such programs tend to have implementation

issues (Lipsey 2009; Mears 2012; Ray and Childs 2015) and limitations in studying their impact.

Establishing what constitutes diversion also creates the foundation upon which decisions can be made

about which youths are targeted/eligible for diversion, the criteria for inclusion in such programs, and

what types of programming are introduced to meet intended impact areas (Mears et al. 2016; Hoge

2016).

Nevertheless, to improve diversion programs, Mears and colleagues (2016) have suggested collecting

systematic information on the specific activities that constitute various diversion programs, the number

and quality of these activities, and the extent to which each intervention impacts recidivism or other

outcomes. Diversion practices are also beginning to identify the attributes of the clients most suited to

their program, and integrate risk and needs assessments to their models (Andrews and Bonta 2010).

These modifications may provide some of the often-missing information needed to improve the nature,

quality, and number of services that youths in diversion programs receive (Wilson and Hoge 2013) and

allow for more consistent implementation and accurate assessment of the impact of diversion programs

on juvenile offending.

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