{"id":31630,"date":"2022-05-11T11:20:16","date_gmt":"2022-05-11T11:20:16","guid":{"rendered":"https:\/\/cjstudents.com\/?p=31630"},"modified":"2022-05-11T11:20:16","modified_gmt":"2022-05-11T11:20:16","slug":"data-show-a-large-increase-in-diversion-under-chesa-boudin-heres-how-it-works","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/05\/11\/data-show-a-large-increase-in-diversion-under-chesa-boudin-heres-how-it-works\/","title":{"rendered":"Data show a large increase in \u2018diversion\u2019 under Chesa Boudin. Here\u2019s how it works"},"content":{"rendered":"<p> [ad_1]<\/p>\n<p>The San Francisco District Attorney\u2019s Office under Chesa Boudin is resolving a significantly greater share of criminal cases via diversion programs. Among the types of cases seeing the largest increase in diversion include driving under the influence (DUI), petty theft and misdemeanor assault and battery. Some of the diversion programs that have grown fastest include those for people facing mental health issues and drug addiction, according to a Chronicle analysis of data from the D.A.\u2019s Office.<\/p>\n<p>Diversion programs serve as alternatives to traditional responses to crime like extended time in jail or prison, in some cases allowing people to move forward without a conviction on their record. The increased focus on diverting people into such programs aligns with Boudin\u2019s stated goal of reducing jail and prison populations and focusing on services and rehabilitation.<\/p>\n<div id=\"paywall\">\n<p>The District Attorney\u2019s Office provided detailed data on a handful of the city\u2019s diversion programs and courts, including demographics of diversion participants and number of people enrolled in certain programs. The data show that young Black and Hispanic men are the demographic groups most likely to be referred to diversion programs.<\/p>\n<p>It\u2019s likely that the increase in diversion rates is due more to diversion-friendly changes to statewide law than to Boudin\u2019s policies specifically, according to criminal justice experts and Boudin himself. The use of diversion programs dates back to the 1970s in San Francisco and has been on the rise since 2017, and the city has long been unusual in how many felony crimes it diverts.<\/p>\n<p>The Chronicle examined data from the District Attorney\u2019s Office available on <a target=\"_blank\" href=\"https:\/\/data.sfgov.org\/Public-Safety\/District-Attorney-Case-Resolutions\/ynfy-z5kt\" rel=\"noopener\">San Francisco\u2019s open data portal<\/a> showing the number of cases that were resolved through diversion programs. According to this data, the share of resolved cases ending in \u201csuccessful diversion,\u201d meaning the person involved in the case completed a diversion program, has increased to about a third of all resolved cases in 2021, up from about 16% in 2019 and less than 8% in 2017.<\/p>\n<p>    <!-- hearst\/article\/content\/embed.tpl --><\/p>\n<section class=\"article--content-embed fullwidth\">\n                        <iframe title=\"Yearly share of San Francisco criminal cases ending in specific outcomes\" aria-label=\"Stacked Bars\" id=\"datawrapper-chart-yDxRd\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"511\" width=\"100%\" data-progressive=\"true\" data-component=\"misc-iframe\" data-url=\"https:\/\/datawrapper.dwcdn.net\/yDxRd\/1\/\"><\/iframe><\/p>\n<\/section>\n<p><!-- e hearst\/article\/content\/embed.tpl --><\/p>\n<p>While most criminal justice researchers agree that diversion programs for lower-level offenses are positive, some prosecutors, including former employees of the District Attorney\u2019s Office, are less sold on the research showing diversion\u2019s impact on people charged with felony crimes, particularly serious crimes like assaults.<\/p>\n<p>    <!-- Missed: ad --><\/p>\n<p>\u201cDiversion has \u2026 historically, under both Kamala Harris and George Gasc\u00f3n, been reserved for lower-level-type felonies: Property crimes, drug possession crimes, that sort of thing,\u201d Don Du Bain, a former prosecutor for Boudin\u2019s predecessor George Gasc\u00f3n, <a target=\"_blank\" href=\"https:\/\/www.sfchronicle.com\/crime\/article\/Chesa-Boudin-s-office-just-released-new-data-on-16973247.php\" rel=\"noopener\">previously told The Chronicle<\/a>. \u201cRobbery and felony assaults have not typically been diverted.\u201d<\/p>\n<p>    <!-- hearst\/article\/content\/embed.tpl --><\/p>\n<section class=\"article--content-embed fullwidth\">\n                        <iframe frameborder=\"0\" height=\"200\" scrolling=\"no\" width=\"100%\" data-progressive=\"true\" data-component=\"misc-iframe\" data-url=\"https:\/\/playlist.megaphone.fm?e=SFO7167624016\"><\/iframe><\/p>\n<\/section>\n<p><!-- e hearst\/article\/content\/embed.tpl --><\/p>\n<p>In San Francisco, increased diversion rates can be seen across crime types, though lower-level misdemeanor offenses saw the largest increases. The diversion rate of cases involving DUI, petty theft and vandalism charges, for instance, increased most significantly from 2018-2019 to 2020-2021 \u2014 the two years before and after Boudin took office. Assault and battery, a category that tends to be charged as a misdemeanor offense and refers to a person using unwanted force on another but without serious injury (a punch or shove, for example), also saw its diversion rates soar in 2020 and 2021.<\/p>\n<p>    <!-- hearst\/article\/content\/embed.tpl --><\/p>\n<section class=\"article--content-embed fullwidth\">\n                        <iframe title=\"Diversion rates in 2018-19 and 2020-21, for common crime categories in San Francisco\" aria-label=\"Grouped Bars\" id=\"datawrapper-chart-K3C1r\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"907\" width=\"100%\" data-progressive=\"true\" data-component=\"misc-iframe\" data-url=\"https:\/\/datawrapper.dwcdn.net\/K3C1r\/3\/\"><\/iframe><\/p>\n<\/section>\n<p><!-- e hearst\/article\/content\/embed.tpl --><\/p>\n<p>Boudin\u2019s administration was not the first to increasingly turn to diversion programs as alternatives to traditional prosecution. Diversion was already beginning to increase under Gasc\u00f3n, going from 9% of all cases resolved in 2011 to 16% in 2019.<\/p>\n<p>    <!-- Missed: ad --><\/p>\n<p>Because criminal cases can take years to resolve, especially when they are diverted, it&#8217;s possible many cases closed during Boudin&#8217;s tenure were originally referred to diversion programs under Gasc\u00f3n. But the Chronicle&#8217;s analysis also showed that diversion rates are up significantly for cases referred starting in 2020, when Boudin took office.<\/p>\n<p>Diversion has also expanded in popularity nationwide. In a <a target=\"_blank\" href=\"https:\/\/www.ojp.gov\/pdffiles1\/nij\/grants\/251665.pdf\" rel=\"noopener\">2018 study<\/a> of 11 major metropolitan counties, researchers noted that \u201ca growing number of prosecutors have established pretrial diversion programs\u201d in recent years.<\/p>\n<p>In California, legislators passed several statewide laws that increased counties\u2019 ability to rely on diversion programs in many cases, a factor that <a target=\"_blank\" href=\"https:\/\/www.sfchronicle.com\/crime\/article\/Chesa-Boudin-s-office-just-released-new-data-on-16973247.php\" rel=\"noopener\">Boudin previously described to The Chronicle<\/a> as having a major impact on his office\u2019s conviction and diversion rates. Assembly Bill 3234, which took effect in 2021, made it possible for judges to seek alternatives to jail or prison time for first-time offenders charged with most misdemeanors. AB 991, which was enacted in 2018, made people experiencing certain mental disorders eligible for diversion, even if they faced felony charges.<\/p>\n<p>The San Francisco District Attorney\u2019s Office also created a primary caregiver diversion program in February 2020 in response to Senate Bill 394, which Newsom signed in October 2019 and required counties to create a program for parents who can show that they are the primary caregiver for a child. People charged with all misdemeanors are eligible, as well as some charged with felonies. Through supervision and programming, which can include parenting classes, participants can earn a dismissal of their case.<\/p>\n<p>    <!-- Missed: ad --><\/p>\n<p>Alternatives to incarceration are important to keep people from avoidable interactions with the criminal court system, said Jason Williams, an associate professor of justice studies at Montclair State University in New Jersey.<\/p>\n<p>\u201cFor some of these individuals, they may just need therapy,\u201d Williams said. \u201cAnd I don&#8217;t know that incarcerating them endless amounts of times is going to actually be therapy that they need.\u201d<\/p>\n<p>In all, San Francisco uses more than 20 diversion programs and courts that offer a range of supervision, from light to intensive, according to the D.A.\u2019s Office. There\u2019s a program for people on parole, for people who can\u2019t afford court fines, and for people who struggle with mental illness that contributed to their crime. There\u2019s even a program for graffiti artists to pay their penance by scrubbing off tags around town.<\/p>\n<p>The programs are administered by the San Francisco Pretrial Diversion Project and the San Francisco Superior Court as well as the nonprofit Community Works West. People typically end up in diversion programs through referrals by the San Francisco Public Defender\u2019s Office or the District Attorney\u2019s Office, with a judge\u2019s approval. A judge can also order someone to diversion over the wishes of a prosecutor and defense attorney.<\/p>\n<p>\u201cThe district attorney is one piece of a much larger system,\u201d said David Mauroff, CEO of the San Francisco Pretrial Diversion Project.<\/p>\n<p>If a person fails to complete a diversion program, their case is sent back to traditional court and proceeds as normal.<\/p>\n<p>    <!-- Missed: ad --><\/p>\n<p>Williams said in his own research he has heard from people in the system that they would rather do their time behind bars because the requirements of some programs seem too daunting.<\/p>\n<p>\u201cThe presumption is that it&#8217;s harder,\u201d he said.<\/p>\n<p>    <!-- hearst\/article\/content\/relatedStories.tpl --><\/p>\n<section class=\"relatedStories\" data-progressive=\"true\"\/>\n     <!-- e hearst\/article\/content\/relatedStories.tpl --><\/p>\n<p>Johanna Lacoe, research director at the nonpartisan California Policy Lab and co-author of a <a target=\"_blank\" href=\"https:\/\/onlinelibrary.wiley.com\/doi\/abs\/10.1002\/pam.22371\" rel=\"noopener\">recent study<\/a> on the impact of felony diversions in San Francisco, added that \u201cparticipating in diversion isn&#8217;t easy. It often takes a long time, (and) it can be very intensive. It\u2019s not a free ride through the criminal justice system, which I think gets misinterpreted.\u201d<\/p>\n<p>Lacoe\u2019s study, which examined the impact of diversion referral in San Francisco on people charged with felony crimes from 2009 to 2017, found that people sent through diversion programs were less likely to be re-arrested and convicted than people sent through the traditional court process. The effects were strongest for people charged with drug offenses and \u201coffenses against a person\u201d like assaults and robberies, along with women, young people and first-time offenders. The researchers found this positive impact on recidivism even after using a statistical model to account for the possibility that the kinds of people referred to diversion programs may be less likely to reoffend.<\/p>\n<aside class=\"article--content-inline\">\n<aside class=\"zone\"><!-- src\/business\/widgets\/hearst\/collection\/widget.tpl --><\/p>\n<p>    <!-- e src\/business\/widgets\/hearst\/collection\/widget.tpl --><\/aside>\n<\/aside>\n<p>The impact of statewide changes is clear when looking at which types of diversion programs are seeing the biggest increases. The District Attorney\u2019s Office shared data with The Chronicle via a public records request on seven of the city\u2019s more than 20 diversion programs. Notably, the data excludes the high-volume Community Justice Center and several other popular programs because they could not provide complete, well-structured data  in the office\u2019s time frame.<\/p>\n<p>Of the seven diversion programs in the data, more cases were resolved through Primary Caregiver Diversion, Drug Court, Pretrial Diversion and Mental Health Diversion in 2020-21 compared with 2018-19, while fewer were resolved through Behavioral Health Court, Young Adult Court and Neighborhood Court.<\/p>\n<p>    <!-- hearst\/article\/content\/embed.tpl --><\/p>\n<section class=\"article--content-embed fullwidth\">\n                        <iframe title=\"Change in number of cases resolved through specific diversion programs in San Francisco\" aria-label=\"Table\" id=\"datawrapper-chart-LwWHF\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"662\" width=\"100%\" data-progressive=\"true\" data-component=\"misc-iframe\" data-url=\"https:\/\/datawrapper.dwcdn.net\/LwWHF\/5\/\"><\/iframe><\/p>\n<\/section>\n<p><!-- e hearst\/article\/content\/embed.tpl --><\/p>\n<p>Based on the programs included in the data, the increase in diversion programs has primarily impacted Hispanic and Black men, who are <a target=\"_blank\" href=\"https:\/\/www.ppic.org\/publication\/californias-prison-population\/\" rel=\"noopener\">most likely<\/a> to be imprisoned relative to their share of the population at the state level.<\/p>\n<p>Black and Hispanic people consistently make up over 50% of diversion cases each year in the data provided by the District Attorney\u2019s Office, despite representing 21% of San Francisco\u2019s population. Men consistently make up about 80% of diverted cases, according to the data.<\/p>\n<p>The data also shows increasing use of the Pretrial Diversion program, which is the flagship program offered by the San Francisco Pretrial Diversion Project. In 2021, 318 people completed the Pretrial Diversion program \u2014 more than in any year during Gasc\u00f3n\u2019s tenure, according to data from the District Attorney\u2019s Office.<\/p>\n<p>The program started in 1976 and is geared toward people facing misdemeanor charges, though some with felonies are found to be suitable.<\/p>\n<p>Before someone enters any program at the nonprofit, staffers look over the person\u2019s criminal history, any prior missed court hearings and other factors to help guide the person into the right programming with the necessary guidelines.<\/p>\n<p>\u201cWe meet them where they are,\u201d said CEO Mauroff. \u201cWe develop a plan that sets them up for success.&#8221;<\/p>\n<p>People in the programs are assigned to a case manager and a treatment plan, which could include various types of counseling, employment requirements or myriad other conditions. Once the plan is completed, the case is dismissed.<\/p>\n<p>The nonprofit says 97% of people finished the program in 2021 without picking up a new charge or being accused of violating their probation or parole.<\/p>\n<p>San Francisco Deputy Public Defender Andrea Lindsay said the increased use of the Pretrial Diversion program could partly be symptomatic of COVID\u2019s impact on the courts.<\/p>\n<p>\u201cCases are moving through the court at an incredibly slow pace,\u201d she said, \u201cbecause the courts were shut down, and then were only partially open.\u201d<\/p>\n<p>Lindsay said she\u2019s seen \u201call sides\u201d pushing to find ways to reduce the court backlog.<\/p>\n<p>            <em><\/p>\n<p>Susie Neilson and Joshua Sharpe are San Francisco Chronicle staff writers. Emails: <a target=\"_blank\" href=\"https:\/\/www.sfchronicle.com\/crime\/article\/mailto:susie.neilson@sfchronicle.com\" rel=\"noopener\">susie.neilson@sfchronicle.com<\/a>, <a target=\"_blank\" href=\"https:\/\/www.sfchronicle.com\/crime\/article\/mailto:joshua.sharpe@sfchronicle.com\" rel=\"noopener\">joshua.sharpe@sfchronicle.com<\/a> Twitter: <a target=\"_blank\" href=\"https:\/\/twitter.com\/susieneilson\" rel=\"noopener\">@susieneilson<\/a>, <a target=\"_blank\" href=\"https:\/\/twitter.com\/joshuawsharpe\" rel=\"noopener\">@joshuawsharpe<\/a>\n<\/p>\n<p><\/em><\/p>\n<section id=\"articleBottom\" class=\"article--content-zone bottom\"\/><\/div>\n<p><script async src=\"\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><br \/>\n<br \/>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/www.sfchronicle.com\/crime\/article\/boudin-crime-diversion-17163916.php\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] The San Francisco District Attorney\u2019s Office under Chesa Boudin is resolving a significantly greater&#8230;<\/p>\n","protected":false},"author":1,"featured_media":31631,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[],"class_list":["post-31630","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-research"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/31630","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=31630"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/31630\/revisions"}],"predecessor-version":[{"id":31632,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/31630\/revisions\/31632"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/31631"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=31630"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=31630"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=31630"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}