Research on District Attorneys' Pretrial Diversion Programs: A Proposal for a Comprehensive Multi-Method Study, Vermont, Illinois, and Wisconsin, 2012-2016

With state courts facing record-breaking caseloads and tightening budgets, jurisdictions around the country have begun to seek alternatives to traditional case processing as early as possible in the criminal justice process. One existing alternative is prosecutor-led diversion, a model which allows jurisdictions to reroute low-level offenders from traditional case-processing at the front-end of the justice process, in many cases prior to formal charge or arraignment. Although prosecutor-led diversion programs (PDPs) have been a part of the American legal landscape for several decades, there is little to no descriptive literature of the model and only sporadic impact evaluations of specific programs. In response, the Center for Court Innovation, the RAND Corporation, and the Association of Prosecuting Attorneys conducted a national, multi-method study with the following goals: (1) to synthesize existing knowledge of PDPs, (2) to produce a rich understanding of existing programs through in-depth case studies of programs in 11 sites nationwide, including program goals, target populations, and policies, and (3) to test PDP effectiveness in reducing recidivism, incarceration, psychosocial problems, and costs to the society and the economy through a prospective impact evaluation of 5 programs at 3 sites. Phase 1 consisted of in-depth interviews with key stakeholders at the 11 sites. Phase 2 consisted of focus groups with program participants, and an impact study of the effects of PDPs on case disposition, use of jail, re-arrest, and cost effectiveness. This collection includes data from the Phase 2 impact study. Five programs from 3 of the 11 sites (Cook County, Illinois, Chittenden County, Vermont, and Milwaukee County, Wisconsin) were selected for quasi-experimental impact evaluations. For each program, the research team obtained a de-identified dataset containing demographics, criminal histories, and instant case outcomes.