The Political Dynamics of Justice Reform in The U.S.

not be forced back in" to the criminal justice system, said Diversion Coordinator Marty
Krause.
Eric Whitcher, a Pennington County public defender, said his office is entirely on board
with the "terrific" program.
"People make mistakes and bad choices, especially when they are young," he said.
Diversion allows "for the acceptance of responsibility for the choices made, without the
lifelong consequences of a criminal conviction."
"It's really a second chance to make my life not go down the tubes," said John (the
Journal is using a pseudonym to protect his identity).
Customized program
Diversion is hard work, said Krause.
"They have to want to do this," he said. "The underlying premise to this is it is harder
than pleading guilty. They will have more to do in this program than if they walked into
court and pleaded guilty."
Krause says the program is working so far: 900 people have been referred to diversion,
80 percent of those who join complete their requirements and 84 percent aren't arrested
within a year. Participants are tracked for five years so Krause can study the longerterm
recidivism rate.
Most participants are referred to the program by their defense lawyer during the initial
court appearance, Krause said. But sometimes police officers will call him right after
arresting someone they think would be a good fit for the program.
After a referral, staff conducts an FBI background check to see if the person has a
limited criminal history and if that's the case, they go through a one- to three-hour intake
appointment to determine what they're struggling with, what resources and support they
have, and what kind of help they need.
Next, participants write a letter explaining the crime they committed, why they did it, and
how being convicted would impact their life. Writing this down helps participants think
about why they did what they did and can also be used to help convict them if they don't
follow through with the program, Krause said.
"That's kind of the teeth of the program, that's how we hold them accountable
essentially," said Adam Shiffermiller, the deputy state's attorney who oversees
diversion.
After participants write the letter, sign a legal agreement and pay any restitution, Krause
said, prosecutors drop the participant's charges. If they complete their customized
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