“The definition of diversion is halting or suspending before conviction of a formal criminal proceeding. This is conditioned on counter performance by the defendant. Diversion can happen any time during the criminal justice process after the criminal complaint has been filed or police observed a crime. Police, prosecutor or judge may call for a diversion. Defendants have access to defense counsel before deciding whether to participate. Diversion is also used for people who classified as mentally ill or incompetent not able to stand trial or in need of incarceration and treatment other than imprisonment. They are referred to an agency for voluntary treatment or civil commitment to an institution in lieu of prosecution and a prison sentence. Diversion programs offer a variety of remedial responses to defendant’s problems example Drug and alcohol treatment, mental health service, employment counseling, and education. It may involve agencies in or outside the criminal justice system. The response depends on the communities’ criminal justice population.
There are two categories of diversion:
Unconditional diversion is the termination of criminal processing at any point before adjudication with no threat of later prosecution. It affords the best protection for a defendant’s legal rights because dismissal of charges does not require any counter performance. In effect, the defendant has everything to gain and nothing to lose. In unconditional diversion, treatment, counseling, and other services are offered on a voluntary basis. Many corrections leaders believe that voluntary treatment is more likely than coerced treatment to have beneficial effects. Whether that is true or not is subject to debate. Research consistently indicates that offenders’ motivation for entering correctional programs (voluntary or coerced) are not as important in treatment outcome as their ultimate length of stay in treatment.
Conditional diversion means that charges are dismissed...