NCJ Number
53855
Date Published
1977
Length
15 pages
Annotation
THE EARLY EXPERIENCE OF A VOLUNTARY DIVERSION PROGRAM IN CHAMPAIGN, ILL., IS REVIEWED, AND FACTORS ARE DISCUSSED THAT SHOULD BE CONSIDERED IN DEVELOPING SUCH PROGRAMS OR PROPOSING CHANGES FOR EXISTING PROGRAMS.
Abstract
IT IS NOTED THAT A PRINCIPAL CRITICISM OF COMPULSORY DIVERSION PROGRAMS IS THAT THEY PARALLEL PROBATION SUPERVISION WITHOUT THE PRIOR BENEFIT OF A TRIAL WITH DUE PROCESS TO DETERMINE WHETHER THE SUSPECT IS GUILTY AS CHARGED. THIS ADULT DIVERSION PROGRAM ANSWERS SUCH CRITICISM BY PROVIDING FOR VOLUNTARY COMPLIANCE. HAVING BEGUN OPERATION ON OCTOBER 1, 1975, THE ADULT DIVERSION PROGRAM OF CHAMPAIGN COUNTY RECEIVES INDIVIDUALS ARRESTED FOR CRIMINAL OFFENSES AND REFERRED TO THE PROGRAM BY THE COUNTY STATE'S ATTORNEY. REFERRALS ARE MADE BEFORE FORMAL CHARGES ARE FILED, AND IF THE INDIVIDUAL IS ACCEPTED INTO THE PROGRAM, NO CHARGE IS FILED. ONCE ACCEPTED INTO THE PROGRAM, THE PARTICIPANT'S BEHAVIOR IN CARRYING OUT THE AGREED-UPON TERMS OF PARTICIPATION AND THE SPECIFICATION OF THE TERMS THEMSELVES IS COMPLETELY VOLUNTARY. REGARDLESS OF DIVERSION OUTCOME, NO THREAT OF SANCTION IS OPERATIVE. ONE ELEMENT OF THE DIVERSION PROGRAM IS EXAMINED--THE PERCENTAGE OF FAVORABLE TERMINATIONS. DURING THE FIRST YEAR OF OPERATION, FROM OCTOBER 1, 1975, THROUGH SEPTEMBER 30, 1976, OF 288 PERSONS REFERRED, 200 WERE ACCEPTED INTO THE PROGRAM. DATA ON THE STATUS OF THESE PARTICIPANTS AS OF JANUARY 1, 1977, SHOWS THAT 22 PERCENT OF THE CASES WERE STILL ACTIVE. OF THOSE TERMINATED, 55 PERCENT HAD FAVORABLE COMPLETIONS, 23 PERCENT DID NOT COMPLETE; 10 PERCENT VOLUNTARILY WITHDREW; 8 PERCENT ABSCONDED; AND 3 PERCENT WERE CONVICTED OF A CRIME DURING THE DIVERSION PERIOD. THREE INDEPENDENT VARIABLES ARE PROPOSED AND DISCUSSED AS AFFECTING THE LEVEL OF COMPLIANCE: (1) THE STAFF SERVICE PROVIDED CLIENTS, (2) THE STRUCTURE OF THE PROGRAM, AND (3) CHARACTERISTICS OF THE CLIENT POPULATION. IN A BRIEF DISCUSSION OF EVALUATION CRITERIA, IT IS NOTED THAT IF COST SAVINGS AND REDUCTION IN COURT CASELOAD CAN BE DEMONSTRATED, A LEVEL OF SUPPORT FOR A VOLUNTARY DIVERSION PROGRAM CAN BE SECURED; THE OPEN QUESTION REMAINING IS WHETHER A PARTICULAR COMMUNITY IS WILLING TO TOLERATE A CERTAIN PROPORTION OF NONCOMPLIANCE AMONG DIVERSION PARTICIPANTS AND WHAT THE LIMITS OF SUCH TOLERANCE MAY BE. TABULAR DATA AND LIMITED REFERENCES ARE PROVIDED. (RCB)