Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction and include a rehabilitation program to prevent future criminal acts.
Successful completion of program requirements often leads to a dismissal or reduction of the charges, while failure may bring back or heighten the penalties involved.
Charges dismissed because of a diversion program will still lead to additional criminal history points under the US Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise admitted guilt in open court, provided that the deferred disposition or deferred adjudication was not a juvenile matter.
[13] In the country of Georgia, diversion programs give a first-time offender juvenile a chance to avoid a criminal record and conviction in exchange for a commitment to comply with a specific set of requirements.
[15] A juvenile diversion and mediation program was initiated in 2010 as a pilot project to be implemented in four cities: Tbilisi, Rustavi, Batumi, and Kutaisi.
[25] The mediator's tasks are: facilitating dialogue between the offender and the victim; helping with the reconciliation process; and reaching an agreement on damage restitution.
In the UK, the Centre for Mental Health has shown that such diversion represents good value for money, with well-designed interventions helping to reduce re-offending by a third.
[28] In February 2012, the UK government pledged to roll out a national liaison and diversion service by 2014, with 101 sites duly announced by the Department of Health.
[31] The availability of diversion programs depends on the jurisdiction, the nature of the crime (usually non-violent offenses), and, in many cases, the exercise of prosecutorial discretion.
A 2016 New York Times investigation revealed that some prosecutors charged substantial fees for and received significant revenue from diversion programs.