Diversion Programs for Substance Use: How Juvenile & Adult Courts Offer Second Chances

What Is a Diversion Program?

A diversion program is an alternative to jail or traditional court punishment. It focuses on treatment, education, and accountability rather than punishment. The goal is to help the person avoid future legal trouble by addressing the issues that led to their actions. Diversion programs often involve:

• Substance Use Treatment: Counseling, therapy, or rehabilitation to address addiction or misuse.
• Community Service: Giving back to the community through volunteer work.
• Educational Programs: Classes about the dangers of substance use and how to make better decisions.
• Regular Check-Ins: Monitoring progress with a probation officer or court official.

Why Diversion Programs Matter

Diversion programs aim to prevent future offenses and keep people, especially young people, out of the criminal justice system. Punishment for a health issue like addiction rarely works because it is a disease. Instead of facing jail time or a criminal record, participants can get the help they need, including evidence-based treatment. Completing a diversion program can also help keep a person’s record clean, which is important for future education, employment, and housing opportunities.

Benefits of Diversion Programs

• Keeps People Out of Jail: Diversion helps people avoid incarceration and gives them a chance to change.
• Reduces the Chance of Re-offending: Addressing the root causes of substance use reduces the chances of committing future offenses.
• Protects Future Opportunities: Avoiding a criminal record keeps future opportunities open for education, employment, and housing.

Who Qualifies for Diversion?

While your loved one’s lawyer can ask for a diversion program, not everyone qualifies for it. Eligibility depends on several factors, including:

• Type of Offense: Non-violent, low-level offenses related to substance use are often considered.
• Criminal History: First-time offenders are more likely to qualify.
• Willingness to Participate: The individual must agree to follow the program’s rules and complete all requirements.

Research has shown that white people are offered diversion programs more frequently than non-white people, even when they meet the eligibility criteria.¹ Fundamental issues in the justice system can lead to these differences. You, your loved one and their legal counsel may need to advocate for this program.

Diversion for Juveniles

Juvenile diversion programs focus on helping young people make better choices and avoid future trouble. These programs are usually available for first-time or low-level offenses.

Common Juvenile Diversion options:

• Youth Drug Court: This program helps teens who are struggling with substance use. It often involves counseling, education, and regular court check-ins.
• Mentoring Programs: Mentors provide guidance and support to help the youth make positive choices.
• Family Counseling: Family involvement can help address issues at home that may contribute to risky behaviors.
• Restorative Justice Programs: These programs focus on repairing harm by encouraging the youth to take responsibility and make amends with those affected.

If a juvenile successfully completes a diversion program, the charges may be dismissed or sealed from their record.

Diversion for Adults

Adult diversion programs work similarly but focus on helping adults address substance use issues and avoid future offenses. These programs can be available for first-time offenders, but in some cases, people with repeat offenses may also qualify.

Common Adult Diversion options:

• Adult Drug Court: Participants undergo treatment, counseling, and regular court check-ins. Successful completion can lead to reduced or dismissed charges.
• Pretrial Diversion Programs: These programs allow eligible adults to complete treatment or education before trial. If completed successfully, the charges may be dropped.
• Mental Health Court: For individuals with co-occurring mental health and substance use disorders, this program provides treatment and resources to address both conditions.
• Deferred Prosecution Agreements: An agreement between the prosecutor and the defendant where charges are dropped if certain conditions are met, such as completing a treatment program.

What Happens If You Don’t Complete the Program?

If someone fails to meet the requirements of a diversion program, their original charges may be reinstated. This means they could face traditional sentencing, which may include fines, probation, or jail time.

What Drug Courts Do

Drug courts, or recovery courts, as they are called in some parts of the country, are special programs that help people with substance use problems stay out of jail by offering treatment and support. These programs follow 10 important guidelines that experts created to ensure drug courts work effectively. The guidelines are as follows:

1. Combining Treatment and the Justice System: Drug courts connect alcohol and other drug treatment with the legal process. This way, people get the help they need while working through the court system.
2. Teamwork Between Prosecutors and Defense Lawyers: Prosecutors and defense lawyers work together in drug courts. They focus on keeping the community safe while making sure participants’ legal rights are protected.
3. Quick Identification and Placement: People who are eligible for drug court are identified quickly and placed in the program as soon as possible. Early intervention gives them a better chance at success.
4. Access to Different Types of Treatment: Drug courts provide a variety of treatment options to meet participants’ needs. This may include counseling, group therapy, and mental health support.
5. Regular Substance Use Testing: To help participants stay on track, drug courts require frequent testing for alcohol and other drugs. This helps monitor progress and encourages accountability. .
6. Clear Rules and Consequences: Drug courts have a system in place to respond to participants’ actions. Whether they follow the rules or break them, there are clear consequences or rewards. The consequences can include longer time in the program as well as more frequent check-ins and drug testing. Rewards can include praise from the judge, more rapid advancement in the program, gift cards, or more privileges, such as a later curfew.
7. Regular Check-Ins with the Judge: Participants meet with the judge often to discuss their progress. These check-ins help the judge stay informed and provide encouragement or adjustments as needed.
8. Tracking Progress and Measuring Success: Drug courts keep track of participants’ progress and evaluate the success of the program. This helps them make improvements and ensure the program is working.
9. Ongoing Training for Drug Court Teams: Everyone involved in drug court, including judges, lawyers, and treatment providers, continues to learn about best practices. This ensures the program stays effective and up to date.
10. Building Strong Community Partnerships: Drug courts work closely with public agencies and community organizations. These partnerships create local support and help drug courts offer more resources to participants.

Why a Loved One Might be Reluctant to Go to a Diversion Program

• Denial of the Problem: They may not believe they have a substance use problem and feel they don’t need treatment. This is especially common if they are not ready to face the reality of their situation. A loved one may also want to try moderation, but diversion programs require complete abstinence.
• Fear of Commitment: Diversion programs often require strict schedules including curfews, regular check-ins, and a long-term commitment (often years). This can feel overwhelming or impossible for someone who isn’t ready for change. There may also be challenges in managing check-ins when it comes to work, school, childcare or other family responsibilities.
• Lack of Trust in the System: Some people, especially those who have had negative experiences with law enforcement or the court system, may not trust that the program is in their best interest.
• Stigma and Shame: Admitting to a substance use problem and seeking help can feel embarrassing or shameful. They may worry about how others will view them.
• Concerns About Failing: If they have tried and failed at treatment before, they may be afraid that they won’t succeed this time. The fear of failure can keep them from wanting to try again.
• Desire for Immediate Resolution: Some people prefer to take a quicker route by accepting a fine or short jail sentence rather than committing to a lengthy program.
• Misinformation or Misunderstanding: They may not fully understand how the program works or the benefits of completing it. Without the right information, they may feel that diversion is not worth the effort.
• Peer Pressure: Friends or peers who are also involved in substance use may discourage the person from participating, making it harder for them to choose a healthier path.
• Lacking Cultural Responsiveness: Diversion programs may not always offer culturally responsive treatment that reflects the experiences, values, and needs of participants from diverse backgrounds. When participants don’t feel understood or represented, it can affect their willingness to engage in treatment.

How Families Can Encourage a Loved One to Participate in a Diversion Program

When a loved one is offered a diversion program after being arrested for a substance use-related offense, it can be a life-changing opportunity. Families can play a critical role in helping their loved one see the benefits of the program and supporting them through the process.

Here are some strategies families can use to encourage their loved one to participate in a diversion program:

Educate Them About the Program: Many people are unsure of what a diversion program involves or assume it’s just another form of punishment. They may not realize that completing the program can lead to having charges dropped or reduced.

• Explain that the program focuses on treatment and positive change rather than punishment.
• Highlight that successful completion may keep their record clean, which protects future opportunities for education, employment, and housing.
• Break down the process step by step, so they know what to expect.

Acknowledge Their Fears and Concerns: Your loved one may have valid concerns about entering a diversion program. They might be afraid of failure, feel embarrassed about needing help, or worry about how others will view them.

• Listen without judgment and validate their feelings.
• Reassure them that it’s okay to be scared but remind them that change is possible.
• Address any misconceptions they might have about the program.

Highlight the Benefits of Diversion: Emphasize how participating in the program can have positive outcomes, not just for their legal situation, but for their overall well-being.

• Explain that completing the program can help them avoid jail time and reduce or dismiss their charges.
• Discuss how treatment can improve their mental and physical health.
• Remind them that a clean record can protect their future opportunities.

Focus on Long-Term Goals: Sometimes, focusing on immediate challenges can make the program feel overwhelming. Help your loved one think about how completing the program can set them up for long-term success.

• Encourage them to think about what they want for their future.
• Explain how avoiding a criminal record can keep doors open for school, work, and housing.
• Help them visualize a life where they are in control of their choices and free from legal trouble.

Offer Emotional and Practical Support: Participating in a diversion program often requires commitment, consistency, and effort. Having a strong support system can make a huge difference in their success.

• Attend court hearings or program check-ins with them.
• Offer to help with transportation, childcare, or scheduling conflicts.
• Celebrate their progress, no matter how small.

Reinforce the Importance of a Second Chance: Let your loved one know that diversion is a rare opportunity that not everyone gets. It’s a chance to make things right and move forward with a clean slate.

• Emphasize that this is a chance to avoid jail time and a criminal record.
• Help them see the bigger picture and how this opportunity can positively impact their future.

Address Their Fear of Failure: If your loved one has tried and failed at treatment or other programs before, they may be afraid of failing again. This fear can make them hesitant to commit.

• Remind them that failure is part of the learning process and that they can try again.
• Emphasize that this program provides guidance and support to help them succeed.

Connect Them with Peer Support: Talking to others who have successfully completed a diversion program can help your loved one feel less alone and more hopeful.

• Encourage them to join a support group or connect with others who have gone through a similar program.
• Share success stories to show them that positive change is possible.

Set Healthy Boundaries: If your loved one is resistant to participating, it’s important to set clear and loving boundaries. Let them know that while you support them, you can’t protect them from the consequences if they refuse to participate.

• Be firm about the importance of completing the program.
• Explain that their choices will have consequences, and you want to see them succeed.

Celebrate Small Wins: Encourage and praise every step of progress. Positive reinforcement can keep them motivated to stay on track.

• Celebrate milestones like attending all check-ins, completing classes, or staying sober.
• Offer encouragement and remind them how far they’ve come.

Encouraging a loved one to participate in a diversion program can be challenging, but with patience, support, and understanding, families can help guide them toward making a positive decision. By providing information, addressing fears, and offering support, families can help their loved one to take advantage of this opportunity for a second chance.