NCJ Number
79736
Date Published
1981
Length
30 pages
Annotation
Findings are presented from a preliminary analysis of the Bowling Green/Warren County Pretrial Diversion Program (Kentucky) as of December 1980.
Abstract
The program's purpose is to expedite the flow of offenders through the criminal justice system by bypassing the trial process and placing offenders directly on community supervision. To be eligible for the program, an offender must meet the following criteria: (1) no prior felony convictions, (2) is not a known narcotics user or trafficker, (3) is not charged with a crime of violence, (4) must not have a propensity for violence, (5) must not have an extensive juvenile record, (6) has not been convicted of more than five misdemeanors, and (7) has had no prior participation in diversion. There is little evidence that the program is accomplishing many of the aims set for pretrial diversion. The selection criteria and the manner of the program's administration are of particular concern. The selection criteria apply to persons who would be of such low risk that their charges might have been dismissed, or if convicted, would not have required supervision prior to the establishment of the alternative of pretrial diversion. This may mean that pretrial diversion has a 'net-widening' effect. The requirement that participants make restitution to victims appears to violate the diversion agreement clause that states the participant does not admit guilt or waive any legal rights. Also, a return to court of participants who have had diversion participation revoked may deny them the right to a speedy trial. These and other problems should be addressed before considering the expansion of the program statewide. Forms used in the program are appended; tabular data are provided.