Program outcomes in a light-touch prosecutor-led misdemeanor diversion program

Abstract

While misdemeanors are generally classified as less serious than felonies, misdemeanor convictions still carry significant collateral consequences. Prior scholarship has also documented the racial, economic, and spatial disparities inherent to misdemeanor enforcement. In recent years, prosecutors have pursued diversion programming as a strategy to reduce the negative harms of conviction and incarceration for individuals and communities. This study examines the program outcomes for a prosecutor-led misdemeanor diversion program (MDP) in a large, midwestern county and whether MDP completion is associated with reduced recidivism. Administrative data from 4,167 individuals enrolled in MDP between August 2012 and August 2018 were analyzed. Data on arrests and sentencing were obtained from a state criminal justice agency and matched with MDP records. Multivariate logistic regression was used to assess post-program arrest and incarceration outcomes, including a subsample with three or more years of post-program data. Most participants completed MDP (86.2 %), leading to dismissal of charges. Completion was significantly associated with reduced odds of subsequent arrest (aOR = 0.27) and conviction (aOR = 0.25). Among those with at least three years of follow-up, MDP completion remained significantly associated with reduced arrests (aOR = 0.23) and incarceration (aOR = 0.28). This study also considers the benefits of implementing a light-touch, short-term diversion program for misdemeanors within the broader context of policing practices, racial disparities, and implications for public safety. Overall, MDP completion is associated with reductions in recidivism, suggesting that light-touch diversion programs may be one strategy for disrupting cycles of involvement in the criminal legal system.