By Emma,Sutherland Disley, Alex,Sussex, Jon,Pollard, Jack,Saunders, Catherine L.,Morley, Katherine I.,Gkousis, Evangelos,Hulme, Shann

This report presents an outcome evaluation of the National Model for Liaison and Diversion (L&D) in England, which aims to identify and support vulnerable individuals within the criminal justice system (CJS) by linking them with appropriate health and social care services. The evaluation utilizes a novel, large-scale linked dataset, combining healthcare and criminal justice records, to assess the impact of the National Model on health service utilization, re-offending rates, diversion from the CJS, and the timeliness of court processes. Findings suggest L&D services engage individuals with multiple vulnerabilities, intervene at crisis points, and may increase diversion from custodial sentences. However, the evaluation found no overall reduction in re-offending following L&D referral.

Santa Monica, CA: Cambridge, UK: RAND, 2021. 232p.

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.

By Daniel S. Lawrence, Will Engelhardt, Storm Ervin, Rudy Perez

Before the implementation of the Juvenile Justice Reinvestment Act in December 2019, North Carolina was the last state that still automatically charged 16-to-17-year-olds as adults in its justice system. In March 2014, a group of stakeholders from Durham County—led by then–chief district court judge Marcia Morey—started the Misdemeanor Diversion Program (MDP) to prevent 16-to-17-year-olds from entering the justice system. The program has since expanded to include adults up to 26 years old. The first program of its kind in North Carolina, the MDP gives law enforcement officers in Durham County the discretion to redirect people accused of committing their first misdemeanor offense(s) to community-based services (such as life skills courses, restorative justice efforts, and behavioral health treatment) in lieu of citation or arrest. The purpose was to diminish unnecessary arrests and time in jail and the collateral consequences of being charged with and potentially convicted of a crime. What is particularly unique about 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 system in any way. This impact evaluation, the first conducted for the MDP, found that from March 2014 to February 2020, law enforcement officers in Durham County referred fewer than one-quarter of all people eligible for diversion to the MDP, though when they did, the program had positive impacts. 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 an in-depth impact evaluation of the MDP, the findings of which are detailed in this report. This impact evaluation was one component of Urban’s research on the MDP; Urban also conducted a detailed process evaluation that was described in a July 2021 report, A Process Evaluation of the Misdemeanor Diversion Program in Durham County, North Carolina (Engelhardt et al. 2021). Key Takeaways The data examined in this report cover January 2012 to February 2020 and were collected from North Carolina’s Administrative Office of the Courts, the MDP, the Durham Police Department (DPD), and the Durham County Sheriff’s Office. Box 1 provides five key findings the research team derived from these data. In this report, we assess the following: ◼ MDP enrollment ◼ MDP completion rates ◼ the MDP’s impact on new arrests, convictions, and jail admissions for program participants ◼ the MDP’s impact on disparities by race and ethnicity, sex, and age ◼ the MDP’s impact on system-level arrests, convictions, and jail admissions Analyses were separated into two population groups—people ages 16 to 17 and people ages 18 to 21—because each group was eligible for the MDP during different periods. These groups were statistically matched to comparison groups through propensity score matching for the analyses that examined new arrests, convictions, and jail admissions. The comparison groups were well balanced with the MDP participant groups (see appendix D) and were pulled from pools of people who were concurrently eligible for the program but did not participate. Five Key Findings ◼ Approximately 77 percent of people eligible for the MDP were not referred to the program while it was operational from March 2014 to February 2020. ◼ Of those who did participate in the program, there was a very high completion rate of 95 percent. ◼ MDP participants had significantly lower rates of rearrests, convictions, or jail admissions than comparison groups within six months, one year, and two years. ◼ Participation in the MDP significantly reduced disparities in new arrests within two years and in new convictions and jail admissions within six months between 16-to-17-year-old Black people and non-Black people, making the differences in the levels of new arrests between these groups much more equivalent than between Black and non-Black people who did not participate in the MDP. ◼ The MDP did not have a larger impact on countywide rates of arrests, convictions, or jail admissions for either of the two age groups we analyzed

Washington, DC: Urban Institute, 2021. 83p.

By Will Engelhardt. Storm Ervin, Daniel S. Lawrence, and Rudy Perez

Before its Raise the Age legislation in December 2019, North Carolina was one of the few states that still automatically charged 16- and 17-year-olds as adults in its justice system. In 2013, 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 justice system. The first of its kind in North Carolina, the program began in March 2014 and expanded over time to include people of all ages. It has also been replicated in certain counties throughout the state. The MDP allows law enforcement officers in Durham County to redirect people accused of committing their first misdemeanor crime(s) to community-based services in lieu of citation or arrest. The purpose is to diminish unnecessary arrests and time in jail, and the collateral consequences associated with being charged with and potentially convicted of a crime. What is particularly unique about this program is that it occurs prearrest and precharge, meaning someone law enforcement officers may believe has committed a crime is not arrested or charged and does not formally enter the justice 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 an in-depth process evaluation of the MDP, the findings of which are detailed in this report. This process evaluation was one component of Urban’s research on the MDP; the research team is also conducting an outcome evaluation that will be described in a fall 2021 report.

Safely and Justice Challenge, 2021. 44p.