AN IMPACT EVALUATION OF THE MISDEMEANOR DIVERSION PROGRAM IN DURHAM COUNTY, NORTH CAROLINA

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. BOX 1 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.