About Jail Diversion
The term “jail diversion” is commonly used to refer to programs that connect individuals with serious mental illnesses (and often co-occurring substance use disorders) who have come in contact with the criminal justice system to community-based treatment and support services. Individuals can be “diverted” either from arrest or a longer-term period of incarceration.
Differing Perceptions of Diversion
The term “jail diversion” is often used differently depending on perspective or orientation. Mental health professionals or advocates may use the term to describe any situation in which the criminal justice system refers an individual to the mental health system for treatment and other services, even if the individual is still under the supervision of the criminal justice system. For criminal justice professionals, diversion can be perceived as an exemption from continued criminal justice supervision for an individual in exchange for his or her participation in a community-based treatment program. Consequently, some prosecutors, judges, and law enforcement officials are particularly sensitive to the impact that a policy shift focused on jail diversion may have on public safety (and the political risks involved with supporting such a shift) and may be wary of anything labeled “jail diversion.”
Diversion and the Criminal Justice Continuum
Differing definitions of jail diversion can complicate cross-systems collaboration. In an effort to make the information on this website easily accessible to diverse audiences, we utilize an alternative framework that focuses on the sequence of events that may occur for an individual with a mental illness involved with—or at risk of involvement with—the criminal justice system: arrest, adjudication, incarceration, re-entry, and continued involvement with the mental health system. This framework is organized by the various systems positioned to lead a collaborative effort at each of these points: law enforcement, courts, corrections, and community-based mental health. To learn more about the criminal justice continuum diagram used throughout this site and the key concepts it represents, click here.
Searching this Site
Some visitors to this website will be more familiar with terms associated with jail diversion (for example, “pre-booking” and “post-booking”). Though these terms aren’t used here, you can find content on these sorts of diversion programs throughout the site. Simply select the “profession” on the left-hand search bar that corresponds with the primary agency leading the collaborative effort. For example, to find information on crisis intervention teams, select law enforcement; or for information on mental health courts, select courts.
This page was adapted from material on The National GAINS Center website, specifically their definition of jail diversion.