A Summary of Two Evaluations of the Misdemeanor Diversion Program in Durham County, North Carolina

By Will Engelhardt and Daniel S. Lawrence

Before the Juvenile Justice Reinvestment Act was implemented in December 2019, North Carolina was the last state that still automatically charged 16- and 17-year-olds as adults in its criminal legal system. In March 2014, led by then–chief district court judge Marcia Morey, a group of stakeholders from Durham County, North Carolina, started the Misdemeanor Diversion Program (MDP) to prevent 16- and 17-year-olds from entering the criminal legal system. The first of its kind in North Carolina, the program provides services including life skills courses, restorative justice efforts, and behavioral health treatment over a 90-day period and has expanded to include adults of all ages. It has also been replicated in certain counties throughout the state. The MDP enables law enforcement officers in Durham County to redirect people accused of committing their first misdemeanor crime(s) to community-based services in lieu of charge, citation or arrest. The purpose is to diminish unnecessary arrests and jail time and the collateral consequences of being charged with and convicted of a crime. A central feature of this program is that it occurs prearrest and precharge, meaning someone law enforcement officers believe may have committed a crime will not be arrested or charged and will not formally enter the justice criminal legal system in any way. In 2020 and 2021, with support from the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge Research Consortium, the Urban Institute conducted in-depth process and impact evaluations of the MDP, the findings of which we summarize in this report. By conducting both types of evaluations, the research team was able to better understand the processes and context that led to observed impacts. In addition, this is the first time a third-party research organization has evaluated the program’s impact, and such an evaluation is critical to demonstrating the program’s usefulness. Key takeaways from the process evaluation (A Process Evaluation of the Misdemeanor Diversion Program in Durham County, North Carolina) and the impact evaluation (An Impact Evaluation of the Misdemeanor Diversion Program in Durham County, North Carolina) are detailed in box 1.

Washington, DC: Urban Institute, 2021. 24p.