Our Diversion Proposal
A robust proposal to reduce jail populations
without new construction
Summary
Penobscot County is facing a growing crisis of jail overcrowding and rising criminal justice costs, driven largely by pretrial detention, court backlog, and a severe shortage of public defense resources. County officials have begun discussing construction of a new jail to address this problem, but expanding jail capacity does not resolve the underlying causes of incarceration and would impose a long-term financial burden on the community.
This proposal presents a more effective alternative: a court-centered, diversion-based system that routes eligible individuals away from jail and into treatment, support, and accountability programs. Designed as a pilot program for Penobscot County, the model aims to reduce jail populations, ease court backlogs, and generate cost savings while allowing courts to focus on higher-risk and more complex cases.
The diversion system intervenes at multiple points in the justice process: before booking, after booking, and at or after arraignment. Participation is voluntary and administered through the judiciary, with cases placed on hold while participants work with case managers to complete individualized plans. Successful completion results in dismissal, reduction, or sealing of charges, with confidentiality protections to ensure fairness.