The Benefits of Pretrial Intervention Programs in Long Island

The Benefits of Pretrial Intervention Programs in Long Island

Pretrial intervention programs, sometimes called “diversion programs,” are alternatives to traditional criminal prosecution that aim to redirect certain defendants away from the standard courtroom process. These programs have become more common across New York, including in Nassau and Suffolk Counties on Long Island. And for good reason – they offer a range of benefits for individuals, the justice system, and the community as a whole.

Keeping People Out of Jail

One of the main goals of pretrial diversion is to minimize the number of people held in jail while awaiting trial. This is especially important for those facing nonviolent misdemeanor charges – why lock someone up for a minor offense if there’s little risk to public safety? Pretrial incarceration can lead to lost jobs, housing instability, and family disruption. It’s also a waste of taxpayer money and takes up limited jail space.

Diversion programs allow eligible defendants to remain in the community while their case is pending. This prevents the damaging ripple effects of pretrial detention. Participants may have to comply with certain conditions like counseling, community service, or avoiding further arrests. But overall it’s a much less disruptive and punitive approach.

Reducing Convictions and Collateral Consequences

Successfully completing a pretrial diversion program also means a defendant can avoid a formal criminal conviction. This spares them from many of the lingering legal and socioeconomic consequences that come with having a record – what lawyers call “collateral consequences.”

A conviction can negatively impact someone’s employment status, professional licensing, access to student loans, immigration status, and more. And while programs vary, many offer the possibility of eventually clearing or even sealing the defendant’s arrest record upon successful completion. This gives motivated individuals a valuable second chance to move forward with their lives unencumbered.

Tailored Support and Services

Rather than merely waiting for their next court date, pretrial diversion channels defendants toward targeted services and supervision. Programs are tailored to address each participant’s specific needs or risk factors – for example addiction treatment, mental health counseling, job training programs, or community service projects. This support can help minimize the likelihood of repeat offenses down the road.

Diversion programs also save money compared to standard adjudication and incarceration. And the community-based services they utilize are far cheaper for taxpayers than jail beds and court proceedings. It’s a win-win in terms of both rehabilitation and efficient use of limited resources.

Victim Involvement Where Applicable

Pretrial diversion can also incorporate victim input in appropriate cases. For instance, programs in Suffolk County allow victims to share their perspectives on potential diversion dispositions when feasible. Victims can feel empowered by having a voice in the process. And incorporating their insights may lead to more meaningful accountability measures – like restitution payments or community service projects that give back.

Careful Participant Screening

Importantly, pretrial diversion programs don’t open the floodgates for just any defendant to avoid prosecution. Participants undergo careful screening first. Nassau County’s Nassau Pretrial Release Program, for example, uses evidence-based assessment tools to determine each defendant’s qualifications and supervision needs. Individuals with extensive criminal histories or those accused of violent crimes are still held for standard prosecution.

Diversion is reserved only for those who demonstrate a low public safety risk along with factors indicating they’ll benefit from community-based rehabilitation. So frivolous cases don’t slip through the cracks or let serious offenders off the hook.

Positive Outcomes Thus Far

While most local diversion initiatives are still new, early results look promising. Nassau County launched an innovative pre-arraignment diversion pilot program in 2021. In its first year, the program diverted over 500 cases from potential prosecution. Nearly all participants completed their mandated counseling, community service, or other requirements. And out of the entire cohort, only two people picked up a new criminal charge.

Suffolk County also runs a long-established treatment-based diversion program for substance abuse cases. And given that over half of all arrests nationwide involve drugs or alcohol, getting people help for addiction issues pays enormous dividends. Suffolk officials report a greater than 90 percent success rate for program graduates in terms of avoiding repeat offenses.

So while more data will clarify outcomes over time, early successes demonstrate these programs’ potential. And the numbers will only grow as local diversion efforts expand.

Ongoing Expansion Across Long Island

Given the promise of pretrial diversion, we’re likely to see more growth in this area across Nassau and Suffolk Counties. Along with the DA-led initiatives mentioned above, Long Island judges have new legal authority to offer diversion in appropriate cases rather than just the binary of jail or dropping charges. Defense attorneys can also now formally request diversion on their client’s behalf.

Several pilot programs continue operation as well, like Nassau County’s Pre-Arraignment Diversion Program. Early data from these test cases will inform efforts to replicate effective models going forward.

We can expect to see diversion programs covering a wider array of charges, with expanded eligibility criteria and enhanced services. This growth will divert more and more people away from traditional prosecution into programs offering help and accountability without all the damaging effects of conviction and incarceration.

Conclusion

Pretrial diversion programs aim to limit the harm of unnecessary pretrial detention; reduce convictions and collateral consequences; provide targeted services and support; incorporate victim input where applicable; and carefully select appropriate participants. While policies and procedures vary across jurisdictions, these initiatives share the common goal of improving outcomes for individuals and the community relative to status quo adjudication.

And given their promise for rehabilitation over punishment, cost savings, and public safety, we’re likely to see ongoing expansion of pretrial diversion across Long Island. These programs can help reshape our criminal justice system to be more humane, just and effective overall.