One of our SBB clients caught a possession charge for a small amount of drugs that was found in her car during a fairly routine traffic stop for having a broken taillight. She was arrested and taken to jail and her car was impounded.
She bonded out but was unable to afford the high cost of getting her car out and as a result of not having transportation, missed a court date.
A warrant was issued for her arrest. She sat in jail for six weeks waiting for her court date with a no bond status for the failure to appear in court. During this time, she lost her minimum wage job and was evicted from her apartment while in jail. The apartment complex threw out every single possession she owned including clothing, important paperwork like her birth certificate and many things that had enormous sentimental value to her like photographs and cards and letters she had exchanged with her grandmother who had passed away many years previously. Without a job or a place to live, she turned to “catching car dates” to earn barely enough money to keep a motel room roof over her head.
All went as well as can be expected until she went to her next court date and at the advice of the public defender, she accepted 6 months of probation and entry into a prostitution diversion program that would allow her criminal charge to be adjudicated Not Guilty. The terms of the probation were standard, ie. mandatory drug tests, monthly check-ins with a probation officer and a schedule of court fees and fines in addition to the monthly probation fees. At their first meeting, the probation officer informed her that she would do unannounced drop ins to her place of residence and one of the requirements of probation was for her to be “gainfully employed”.
The first visit went smoothly enough as the probation officer knocked on her door at 7am a couple weeks later but at her first check-in at the probation office, she was asked to provide pay stubs. Since she had not been able to find traditional employment and was still trading sex to survive, she did not have any pay stubs but she paid the fines and fees with the money she had earned from doing sex work. She successfully passed a drug test on that first visit but failed the random drug test at the next visit and the probation officer filed a violation of probation with the court. A warrant was once again issued for her arrest. But before she was arrested on the Probation Violation warrant, she was arrested for a misdemeanor prostitution charge in another county. This charge exacerbated her current situation with the criminal justice system and this instance created yet another violation of probation on the original charge of misdemeanor possession. So now she had 3 charges in one county and 1 charge in a second county. Because of her previous charges and in spite of them all being interconnected, the original court only looked at the paperwork in front of them and, only addressing the violation of probation charges, sentenced her to complete the remainder of her 6 month sentence for the original possession charge.
So once again, she lost everything she had managed to accumulate and she sat for 3 ½ months in the local county jail, well aware that she was still facing additional issues with the other county, and during which time she missed a court date on the prostitution charge as she was sitting in jail in another county. So when her sentence was completed in the first county jail, she was held on no bond for her failure to appear in the second court case and she was held in jail for an additional 30 days awaiting the first county court to collect her from the second county jail and take her back to attend court on the prostitution charge. They never came and rather than further investigate the standing of her outstanding criminal charges in the second county once she was released from the first county, she did as many people do and tried to stabilize her life by trading sex and just pretending to forget about the prostitution charge.
But they hadn’t forgotten about her.
More than a year later, she was arrested again for a prostitution charge, having been unable to achieve any sort of stability. Still a misdemeanor offense, she was released on bond for this charge with yet another court date to attend and it was at this court appearance that she saw deputies from the county of her previous prostitution arrest standing at the back of the courtroom, ready to take her into custody and transport her back to face the original prostitution charge, which due to her failure to appear and with a drug charge now a part of her criminal history - even though she was sitting in jail during her original court date - was upgraded to a felony, punishable by one year in prison.
So off to prison she went, sentenced for a year and a day.
She received early release after 9 months but it was not without restrictions either. And not with the resources she had been told she was eligible to receive. She still had to report to a parole officer for each of the following six months and since she was not the benefactor of any reentry programs or resources, she still struggled to survive on the edges of society, highly vulnerable to violence and arrest and exploitation. Once again, she turned to street based sex work.
Diversion programs are alternative justice programs designed to redirect individuals, particularly first-time or low-level offenders, away from traditional criminal justice processes and toward rehabilitative or restorative solutions. Instead of going through the conventional court system, participants in diversion programs are given the opportunity to address the underlying issues that led to their criminal behavior, such as substance abuse, mental health challenges, or socioeconomic factors.
Individuals must adhere to strict conditions, such as regular check-ins with a probation or parole officer, curfews, and probationers are often required to attend mandatory counseling or treatment programs as part of their probation conditions, which are designed to address underlying issues that may have contributed to their criminal behavior. First time offenders are usually offered mandatory classes usually coined as “Diversion Programs” and include a variety of subject matters, usually either a series or a regular weekly class, and the court will often promise that graduating from these programs will result in the criminal charge being withdrawn.
There are many kinds of Diversion Program that are usually associated with the Criminal Court Process.
Drug Courts: These offer treatment and rehabilitation for individuals with substance abuse issues instead of incarceration.
Youth Diversion Programs: These are designed to keep young offenders out of the formal juvenile justice system by providing alternatives like mentoring, counseling, and community service.
Mental Health Courts: These focus on providing mental health treatment to offenders whose crimes are linked to mental health conditions.
Restorative Justice Programs: These involve mediation between the offender and the victim, with the aim of making amends and addressing the needs of both parties.
Prostitution diversion programs have become increasingly popular and are intended to provide individuals involved in sex work, particularly those facing criminal charges, with an alternative path focused on rehabilitation and support rather than punishment. Typically offering a combination of counseling, job training, education, and access to social services, helping participants address the underlying issues that may have led them to engage in prostitution, such as poverty, addiction, or trauma. Successes of these programs include helping participants exit the sex trade, reducing recidivism rates, and improving their overall quality of life. By providing resources and support, many participants are able to find stable employment, secure housing, and achieve greater personal safety.
The effectiveness of diversion programs can vary widely, particularly prostitution diversion programs. Some participants simply find prostitution diversion programs to be offensive and laden with myths and misconceptions about the sex industry and some may struggle to fully engage with the program due to deep-rooted issues like substance abuse or mental health challenges. Its extremely difficult for some to see the blatant misogyny and hear the shame based rhetoric denying bodily autonomy and self determination. Be aware that one of the standard program requirements of a prostitution diversion program is to not engage in trading sex and regardless of your family dynamics or economic situation, if you continue to trade sex you are automatically violating the terms of the diversion program.
The success of these programs depends heavily on the availability and quality of resources, such as housing and mental health services, which are extremely limited or underfunded. Another challenge is the stigma and discrimination participants may face, both within the program and in the broader community, which can hinder their reintegration and progress. While some prostitution diversion programs have shown some promise, their success is contingent on comprehensive, well-resourced approaches that address the complex needs of participants, and we all know those resources don’t usually really exist.
Social stigma and the fear of making a mistake can lead to heightened stress, anxiety, and other mental health issues. These challenges, combined with the pressure to comply with all conditions, can actually increase the risk of recidivism, making it difficult for individuals to successfully integrate or reintegrate into society.
Substance abuse treatment, where individuals receive education and support to overcome addiction to drugs or alcohol is a common intervention is also a common program and they have enjoyed some limited success in reducing recidivism and promoting long-term recovery for individuals struggling with addiction. They do NOT reduce the financial burden on the defendant and the success of these programs lies in their holistic approach, which addresses the underlying issues of addiction while providing support for behavioral change and personal growth, but they can also be time-consuming and challenging to navigate, especially when participants are barely surviving.
Anger management classes are another common requirement, aimed at helping individuals learn how to control their emotions and respond to situations in a non-violent manner. Mental health counseling may also be mandated for those with underlying psychological conditions, offering therapy and support to help them manage their symptoms and improve their overall mental well-being.
Domestic violence intervention programs are often required for individuals convicted of related offenses, focusing on changing abusive behavior patterns and promoting healthier relationships. Life skills or vocational training programs may be required to help probationers develop the skills necessary for stable employment and independent living.
Regardless of the Diversion court or program, if you commit to entering one, successfully completing a diversion program generally involves fulfilling several key requirements and adhering to specific conditions set by the program. While the exact steps can vary depending on the type of program and the nature of the offense, here are some things you should know up front.
You need to be sure you understand the program requirements and are committed to fulfilling all of the requirements.
Initial Meeting: Meet with a program coordinator or case manager to discuss the specific requirements and expectations of the diversion program.
Sign an Agreement: You may need to sign a formal agreement outlining the conditions you must meet to complete the program successfully. Make sure you read this agreement carefully and be prepared to make some changes in your lifestyle to accommodate the time and attention they will take.
You will have to participate in required activities and you may not agree with all of them
Counseling or Therapy: Attend all scheduled counseling or therapy sessions, which may address issues like substance abuse, anger management, or mental health. There will most likely be a support group component, so take care to make sure you have a quiet and private space to take the class.
Educational Programs: Complete any assigned educational or life skills courses, such as those related to drug awareness, job training, or financial management.
Community Service: Fulfill any required community service hours by participating in activities that benefit the community.
You will still have to comply with court mandated legal obligations
Check-Ins: Regularly check in with a program officer or case manager, who will monitor your progress and ensure you are meeting program conditions.
Court Appearances: Attend any required court hearings or meetings as part of your diversion program.
Restitution: If applicable, make any court-ordered restitution payments to victims or the community.
Fees and Fines: Be sure to pay any court fees or fines as well as your monthly probations costs and for the diversion program classes.
You must follow the local laws as well as comply with the program requirements
Avoid Further Legal Issues: Stay out of trouble and avoid any new criminal activity during the duration of the program.2
Substance Use: If applicable, comply with any drug or alcohol testing requirements and avoid using illegal substances.
You need to maintain communication with your probation officer, the program facilitators and your attorney.
Stay in Touch: Keep in regular contact with your program coordinator or case manager and promptly inform them of any issues or changes in your circumstances.
Seek Help if Needed: If you are struggling with any aspect of the program, reach out to your case manager for support or guidance.
In order to have the criminal charge removed from your record, you will have to complete all program components
Documentation: Provide any necessary documentation or proof of completion for activities like community service, therapy sessions, or educational courses.
Final Review: Participate in a final review meeting where your progress is evaluated to confirm that you have met all the program's conditions.
Make sure you receive your receive Confirmation of Completion
Certification of Completion: Once you have met all the requirements, you will receive a certification of completion or a similar document indicating that you have successfully completed the diversion program.
Dismissal of Charges: Depending on the program, the charges against you may be dismissed, or the case may be closed without a conviction.
Follow-Up with the court and your probation officer after completion to make sure your case is updated with the court
Make sure your case is closed! Once you have completed the classes and submitted your documentation to the probation officer, the probation officer will file the paperwork with the court. This can take up to 90 days so be patient but continue to follow your probation instructions until you get confirmation the case is closed.
Aftercare: Some programs may offer or require aftercare services, such as ongoing counseling or support groups, to help you maintain your progress after the program ends. If there was a component of the program that worked for you, keep doing it!
Successfully completing a diversion program requires commitment, responsibility, and a willingness to engage with the resources provided. By adhering to the program’s guidelines and actively participating in its components, you can avoid a criminal record, gain valuable skills, and move forward with your life in a positive direction.
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