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Justice Index ¡ Advocacy Lab ¡ Field Guide

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Diversion and Pre-Court Screening: Definitions and Measurement

Many systems try to resolve youth cases before formal court involvement. This page clarifies what “diversion” means in practice, how intake screening works, and why counts vary across datasets that appear similar at first glance.

What We Track

  • Screening (intake): A preliminary review by probation, intake, or a prosecutor to determine whether a case proceeds, is diverted, or is closed.
  • Diversion: A structured alternative to formal petition—examples include warning letters, restorative agreements, community service, counseling, or informal probation. Completion may result in no petition and, in some places, record sealing.
  • Non-prosecution/Closure: Cases declined or closed without a diversion program (insufficient evidence, policy screens). Not the same as diversion.
  • Eligibility rules: Often limited by alleged offense type, prior history, risk level, and local policy; these rules drive who appears in diversion statistics.

Typical Flow

  1. Incident or arrest → referral to intake.
  2. Intake screening → eligibility check against offense, history, and risk tools.
  3. Decision node → divert, file petition, or close.
  4. Diversion pathway → agreement/plan, monitoring, completion or non-completion.
  5. Outcomes recorded → completion (no petition), failure (may proceed to filing), or administrative closure.

Measurement Choices That Change the Numbers

  • Denominator: Some sources compute diversion rate among all referrals; others among eligible referrals or screened cases. Align denominators before comparing.
  • Timing: Calendar-year counts of diversion starts vs. completions will differ; completions lag and may spill into the next year.
  • Completion definition: Whether partial completion or administrative exit counts as “successful” varies by program.
  • Risk tools and policy: Adoption of new screening instruments or local directives can shift diversion volume independent of behavior change.

Data & Methods

The research text notes wide variation in how diversion is logged—some datasets flag a diversion offer, others a start, others only a completion. To make comparisons, specify: the denominator (referrals, eligible, or screened), the time base (starts vs. completions), any exclusion rules (e.g., status offenses), and the disposition if a diversion fails. Parallel series—“offered,” “started,” “completed”—improve clarity.

Related

Transparency note: Always label whether a diversion metric reflects offers, starts, or completions—and the denominator used. Differences here explain much of the variation across sources.