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.
Diversion Proposal Document
Why Diversion?
Diversion offers an opportunity to avoid incarceration, conviction, or decline or reduce charges by completing a program designed to address the root causes of criminal behavior. These programs are intended to promote rehabilitation and public safety.
Prison and jail temporarily reduce criminal behavior through incapacitation (taking away the ability to commit crimes in the community); however, those effects largely disappear upon release, with little to no evidence of deterrence or rehabilitation.
In contrast, decarceration strategies appear to be equally or even more effective and more sustainable for promoting long-term public safety than continued reliance on incarceration.
Key Research Findings
Individuals in Prosecutor-Led Pretrial Diversion programs were found to have reduced rearrest after 2 years, a later onset of rearrest, and a decrease in the use of jail sentences upon release from the program. Ultimately, indicating that the program is highly effective for promoting rehabilitation and public safety. [Source]
A literature review conducted on the effectiveness of criminal justice diversion initiatives in North America found that individuals with mental illness in diversion programs have better outcomes, including reduced re-offense, than incarcerated individuals with mental illness. The effectiveness of diversion programs relies heavily on the strength of community service. [Source]
Seattle’s Law Enforcement Assisted Diversion Program (LEAD) has shown promising results. Individuals in the program had 1.4 fewer average yearly jail bookings, spent about 41 fewer days in jail annually, and had an 88% decreased chance of prison incarceration relative to individuals not in LEAD. [Source]
A literature review in the Journal of Drug Issues found limited but promising evidence for improvements regarding re-offense, continued substance use, and psychosocial outcomes with substance use diversion programs. [Source]