NCJ Number
63953
Journal
Contemporary Drug Problems Volume: 7 Dated: (WINTER 1978) Pages: 533-556
Date Published
1978
Length
24 pages
Annotation
FORMAL PROGRAMS FOR THE DIVERSION OF ADULT DRUG OFFENDERS IN ALL STATES AND TERRITORIES ARE EXAMINED.
Abstract
THE RAPID EXPANSION OF THE FEDERAL TREATMENT ALTERNATIVES TO STREET CRIME (TASC) PROGRAM REFLECTS THE POPULARITY OF THE DIVERSION CONCEPT WHICH OFFERS DRUG OFFENDERS THE OPPORTUNITY TO HAVE THEIR CHARGES DISMISSED IF THEY PARTICIPATE IN A TREATMENT PROGRAM. INFORMATION COLLECTED FROM A SEARCH OF STATE STATUTES IS PRESENTED IN A CHART UNDER THE FOLLOWING TOPICS: STATUTORY CITATION, DATE ENACTED, OFFENDER ELIGIBILITY, CRITERIA, AUTHORITY TO SANCTION DIVERSION, LENGTH OF DIVERSION TERM, BENEFIT OBTAINED, AND DIVERSION CONDITIONS. SOME STATUTORY PROVISIONS ARE UNREPORTED, SUCH AS CRIMINAL RECORD EXPUNGEMENT AND VARIOUS LIMITATIONS ON DIVERSION. A GLOSSARY OF TERMS AND ABBREVIATIONS IS PROVIDED. STATE DIVERSION PROVISIONS ARE SUMMARIZED IN SEPARATE TABLES. THE DATA COLLECTED SHOWED THAT 41 STATES HAD DRUG OFFENDER DIVERSION PROGRAMS THAT WERE SIMILAR IN DESIGN AND THAT THE PRINCIPAL AUTHORITY WAS THE UNIFORM CONTROLLED SUBSTANCES ACT CONDITIONAL DISCHARGE. STATE DIVERSION PROGRAMS THAT COULD BE EXTENDED TO DRUG OFFENDERS VARIED WIDELY WITH RESPECT TO ELIGIBILITY REQUIREMENTS AND DURATION OF SUPERVISION. FLORIDA, MISSOURI, AND WASHINGTON HAVE UNIQUE PROGRAMS THAT CAN INCLUDE OFFENDERS WHO COMMIT CRIMES UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. FORMAL LAWS ARE NOT PREREQUISITES FOR DIVERSION TACTICS, BUT COOPERATIVE EFFORTS BETWEEN JUDICIAL AND CORRECTIONAL AUTHORITIES CAN PRODUCE VIABLE PROGRAMS. HOWEVER, THE EXTENT AND COMPLEXITY OF THE STATUTES INDICATE THE HIGH LEVEL OF INTEREST IN THE DIVERSION MODEL, AND LEGISLATIVE ATTENTION WILL CONTINUE TO FOCUS ON THIS ALTERNATIVE FOR DRUG OFFENDERS. FOOTNOTES ARE PROVIDED. (MJM)