Impact of Pre-Arrest Diversion Program in Criminal Justice System
Abstract
Nearly 80 percent of arrests in the United States involve low-level misdemeanor offenses,
yet even an arrest without conviction can alter the trajectory of a person’s life through the
stigma of a criminal record and the resulting reduction in economic opportunity. Because
misdemeanor system contact can create barriers to employment, housing, education, and
other forms of mobility, policymakers have increasingly considered alternatives that reduce
unnecessary entry into the criminal justice system. Adult pre-arrest diversion programs are
one such intervention designed to divert low-risk individuals before they formally enter the
system. Despite their growing use, there is little causal evidence on the effectiveness of adult
pre-arrest diversion programs. This paper helps fill that gap by estimating the causal effect
of adult pre-arrest diversion for misdemeanor offenses on subsequent criminal justice contact
using individual-level administrative data from Florida’s 8th Judicial Circuit. In this setting,
eligible non-traffic, non-domestic-violence misdemeanor cases in which law enforcement does
not make an arrest may be referred to the State Attorney’s Office for diversion screening. I
exploit the quasi-random assignment of defendants to police officers with different propensities
to refer eligible cases to diversion. Using officer referral leniency as an instrument for diversion
receipt, I estimate the causal effect of diversion on future arrests and convictions among low-level
offenders. The results show that diversion reduces the probability of a future arrest by 22.3
percentage points and the probability of a future conviction by 18.8 percentage points within
two years, relative to otherwise similar defendants who were not referred. These effects represent
declines of 54 percent and 57 percent relative to the no-referral mean and extend to both felony
and misdemeanor recidivism. Results are also consistent with a supplementary local timing-based
analysis around program rollout. The findings suggest that, by providing an alternative to arrest
and prosecution, adult pre-arrest diversion can substantially reduce future contact with the
criminal justice system. By reducing later contact with the criminal justice system, these programs
may help limit the long-term collateral consequences associated with misdemeanor system
involvement. More broadly, the paper contributes new causal evidence to policy discussions about
how to reduce the footprint of the criminal justice system while preserving public safety.