Discussing Diversion in Cook County: A Starting Point for Employing Diversion Strategies

by Michael Levy, Staff Attorney at Chicago Appleseed Fund For Justice

At Chicago Appleseed Fund for Justice’s “Diversion Strategies” forum on June 27, 2012, representatives from across Cook County clarified their goals for reforming the criminal justice system. With an open invitation to the public, the meeting provided a rare opportunity for the stakeholders to advance dialogue and improve communication in a collaborative roundtable forum. All parties present – including leaders from the criminal courts, state’s attorney and public defender’s offices – spoke about how to improve the administration of justice through diversion programs in the County.

Keynote speaker Toni Preckwinkle, President of the Cook County Board, repeatedly expressed concern about the disparate effects of the criminal justice system on the poor, minority and underrepresented populations in the County. One way to accomplish Board President Preckwinkle’s goals is to work toward establishing a Coalition for Diversion, benefitting the groups most disproportionally affected by the criminal justice system.

The meeting began with Chicago Appleseed lawyers proposing a “Coalition for Diversion” where the stakeholders would focus on improving diversion efforts in the County. Specifically, case studies from Philadelphia and Brooklyn were discussed, showing that diversion programs are successful at lowering the jail populations and reducing recidivism rates in cities similar to Chicago.

Diversion tactics such as early case evaluation, bond court improvements, and enhanced pretrial assessments of defendants have been effectively used in both Brooklyn and Philadelphia; one result of this public forum is that the stakeholders in Chicago articulated their hope to achieve these goals as well. What remains unclear for Cook County is how the stakeholders will go about affecting this change.

Prosecutors in both Brooklyn and Philadelphia have expressed willingness to work with the appropriate departments in Cook County – particularly, the State’s Attorney’s Office and the County Board President’s Office – to employ improved diversion program here. Our problems, as Board President Preckwinkle noted, can only be addressed through collaborative efforts. The Coalition would work to decrease poor and minority contact with the criminal justice system, particularly for minor offenses. The Coalition for Diversion is one way to get all the players on the same page, working together toward the goals of lowering the jail population and decreasing the likelihood that people who are arrested will reoffend.

For those defendants who still unfortunately have contact with the criminal justice system, Board President Preckwinkle noted that her office will release a report on the Bond Court soon. In Cook County, every approach that can improve the system warrants review. Reforming bond court for those who are arrested remains an important – indeed critical – component of collaborative efforts to improve the system. We await Board President Preckwinkle’s recommendations on bond court and hope they are a first step toward forming a Coalition for Diversion.