NCJ Number
191828
Journal
Drug and Alcohol Review Volume: 20 Issue: 3 Dated: September 2001 Pages: 281-294
Date Published
September 2001
Length
14 pages
Annotation
This article provides an overview of options for diversion of drug-related offenders from the criminal justice system.
Abstract
Opportunities for diversion occur throughout the criminal justice process: pre-arrest, pre-trial, pre-sentence, post-sentence, and pre-release. Drug diversion strategies are for offenders who have committed drug-related offenses, offenses that are directly or indirectly related to drug use. Drug-related offenses include drug offenses, offenses committed while the offender is intoxicated and offenses committed to fund drug use. Drug offenses include possession, use, or trafficking of an illegal drug. The target group for drug-diversion strategies includes a broad range of people, including people who use illicit drugs but are otherwise law abiding; people with a range of patterns of drug use; people who will not re-offend, are at risk of re-offending, and recidivist offenders; and people who have committed a range of offenses. The overview is based on a review of published literature and consultations with key informants within New South Wales (NSW). A range of diversion strategies that are appropriate to the history and risk of criminal and drug-abuse behaviors can be used for drug-related offenders. Offenders who are neither substantially involved in crime or drug abuse, nor at significant risk of being so involved in the future, can receive sanctions to deter continued offenses, such as a warning or caution from police, without further consequences. Strategies can include conferencing, suspended sentences, and drug courts, depending on the criminal career and drug problems. The aim of these strategies is to use the offense as an opportunity to divert the offender to activities and interventions that will have more positive outcomes in terms of health, welfare, and criminal activity than would detention. The rationale for diversion in these cases is that treatment in the community is likely to be more cost-effective than detention. 1 figure, 82 references