SJC Exchange Library

The Prison Policy Initiative released a new briefing that examines how racial disparities in the administration of diversion programs can undermine their impact and exacerbate existing inequities in the criminal legal system. Diversion programs, which we explained in this 2021 report, seek to move people away from overburdened court dockets and overcrowded jails while offering to connect them with treatment, saving money in the process. 

In the briefing, PPI examines research on this topic and identify three factors driving these disparities:

• Cost: Many of these programs come with significant fees, putting them out of reach for low-income, disproportionately Black and Hispanic potential participants.
• Eligibility: Many programs exclude people with prior "system" contact, disproportionately eliminating Black people who are arrested as youth and stopped by police more frequently.
• Discretion: Prosecutors have immense discretion in who gets into these programs, and research shows they are less likely to offer these programs to Black and Hispanic people.

PPI also explains how involvement in diversion programs can trigger a devastating cascade of immigration consequences for non-citizens.