Source
Summary
“After decades of neglect, the youth justice field is awakening to the importance of diversion in lieu of arrest and formal court processing for many or most youth accused of delinquent behavior. Even amid rising concerns over youth crime nationwide, jurisdictions across the country are heeding the evidence by taking concerted action to address more cases of alleged lawbreaking behavior outside the formal justice system. This momentum to make diversion a centerpiece of juvenile justice reform is encouraging given powerful research showing that youth who are diverted from the justice system are far less likely to be arrested for subsequent offenses and far more likely to succeed in education and employment than comparable youth who are arrested and prosecuted in juvenile court. Greater use of diversion is also essential to reduce the persistent racial and ethnic disparities that pervade youth justice systems.
This brief details significant diversion reform efforts of several types.
Many jurisdictions have taken steps in the past five to 10 years to expand diversion opportunities for youth by creating new laws, programs, or pathways to increase the use of diversion – and in some cases by mandating or otherwise compelling the use of diversion in some types of cases. Several jurisdictions have embraced new approaches to ensure that lower-risk youth with significant human services needs are handled outside the justice system. More than a dozen states have raised the minimum age for involvement in delinquency court – meaning that youth under the new age thresholds are automatically diverted.
A number of states and localities have taken significant steps to promote racial and ethnic equity in diversion. Some jurisdictions have created multidisciplinary teams, compiled and analyzed data, and undertaken comprehensive reviews to identify and address problematic practices that have been causing diversion disparities. Others have been revising diversion-related laws, rules, or practices that often disadvantage youth of color.”
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