operation. The city prosecutor described the program in an email as follows:
We have the standard drug diversion. … If the counseling classes are com- pleted[,] then the case is dismissed and the client can report that he has never been arrested or convicted of a drug of- fense. … We [also] have diversion for theft, battery, vandalism, and other low end misdemeanors.
It helps all but the most violent offend- ers who have lost their driver’s license for failure to pay tickets get into a struc- tured repayment program in a non-col- lection agency status. Said another way, we help people with a program that al- lows them to pay down the original debts free of interest and collection fees. The twist that really makes this work is that we lift their license holds and allow them to get their license BEFORE the debts are paid in full.
These examples demonstrate that not only are diversion programs successful, they also can be cost effective, and provide benefits to the public. Indeed, the impact on the defendant, the court system, the taxpayer, and the com- munity can be profound. Consider Lynnwood Municipal Court in Washington State. As noted above, in January 2008, 104 cases were assigned to the contract defender. Of these, 36, or 34.6 percent, were DWLS 3 cases. Eight were possession of drug paraphernalia or marijuana. Pre-filing diversion of those 48 cases would have reduced the defender caseload by 46 percent, as well as drastically reducing the court docket. Instead, according to the contract defender, most defendants stipulate to the police report and are found guilty. The court then gives them up to 90 days to address the problem and return with a license. Less than half re- turn, and often, the court issues warrants. This results in new arrests, which the public defender and courts must then handle.
Like the program in King County, an individual does not have to have a pending charge to enter the program. 144 The potential impact of this program on the overall caseload is significant, as the Spokane County public defender reported that one-third of his misdemeanor cases are DWLS 3. The state Office of Public Defense is funding a half-time posi- tion in the Defender office to assist clients to enter and com- plete the program. The Sacramento public defender reported in an email that, in addition to statutorily created diversion programs, they have established others as the result of negotiations with the district attorney’s office:
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Lynnwood, Washington Misdemeanor Caseload January 2008
34.6% Driving with license suspended
57.4%
Other
8% Possession of drug paraphernalia or marijuana
Problems
The Terrible Toll of America’s Broken Misdemeanor Courts
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