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New program to keep youth facing criminal charges out of justice system a 'sea change,' DA says

San Diego Union-Tribune - 5/21/2021

In an effort to keep more youths out of the criminal justice system — and dismantle the school-to-prison pipeline — the district attorney on Monday unveiled an approach to get young people facing criminal charges into a diversion program before a case is filed.

And that includes high-level misdemeanors and some felonies.

"It's truly a sea change in the way that we treat our youth in San Diego County," District Attorney Summer Stephan said.

The newly created Juvenile Diversion Initiative will allow some minors facing criminal charges to enroll in an early intervention program. If they complete it successfully, prosecutors will not file charges and the arrest record will be sealed.

Juvenile Court focuses on rehabilitation over punishment, and diversion programs already exist. Here, there are two differences: Qualifying offenses include higher-level misdemeanors and some felonies, and the program is offered before a case is filed, not after. That second part is "key," Stephan said.

"The program keeps them out of them courthouse and out of the juvenile justice system completely," Stephan told reporters at a news conference in front of the Juvenile Courthouse.

Every year, about 1,900 youths are charged in Juvenile Court for a variety of offenses. Under this new approach, officials estimate that roughly 500 of them will be offered the chance to avoid prosecution.

"I think at the end of the day the research is very strong that if you keep kids away from the criminal justice system they don't start viewing themselves as a criminal," Stephan said after the news conference. "They look at what they have done as a blip or mistake, as opposed to who they are as people."

The program begins this summer, and will be available for youths accused of most misdemeanors as well as many felonies classified under the law as non-serious. Such offenses might include theft, commercial burglary, felony vandalism, auto theft and grand theft.

Minors accused of committing serious crimes — murder, sexual assault or carjacking and other violent crimes — will not be eligible for the diversion.

The idea is to get to the root of what caused the behavior and address it.

Core to the program are the principles of restorative justice, said Khamel Johnson, a restorative justice specialist with the District Attorney's Office.

The program is free. It is also voluntary, and it requires buy-in from the accused minor. The parents or caregivers are also expected to play a role.

"We can't go through without including mom and mentors," Johnson said. "It is a very specific and methodical part of our diversion process."

Victims of crimes can also participate if they so choose.

Stephan also said the approach will provide the youths with "culturally competent" resources. Participants include community members and organizations that can provide mentorship and facilitate programming.

The program runs roughly six months, and if the youth still needs help the case can be handed off to others who can continue providing care.

Stephan said successes with a similar diversion program for adult defendants — just a 5 percent recidivism rate — helped convince her the Juvenile Diversion Initiative could work. After about two years of intensive work to craft the program, Stephan said, it was "time to take the leap."

The National Conflict Resolution Center won the county contract to run the $2 million initiative, paid for by the District Attorney's Office. The center will work with different community groups throughout the region to implement the program.

Center president Steve Dinkin said the program is "unique in size and scope across the nation."

Stephan said the youths will be held accountable, and their progress will be tracked.

So will the progress of the program itself. The district attorney has asked the San Diego Association of Governments, or SANDAG, to track the overall data, including recidivism rates. She also wants the review to ensure the program is offered evenly to all qualifying youth.

"I have greatest confidence that it is going to be a model for the nation," Stephan said.

This story originally appeared in San Diego Union-Tribune.

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