Full Answer Section

Ultimately, the decision of whether or not to include more serious offenders in ADR and diversion programs is a policy decision that should be made on a case-by-case basis.

To ensure that ADR and diversion programs are not discriminatory, eligibility criteria should be developed carefully and reviewed on a regular basis. Eligibility criteria should be based on objective factors, such as the nature of the offense, the offender’s criminal history, and the likelihood of recidivism. Race, gender, and other demographic factors should not be considered in eligibility decisions.

Here are some specific steps that can be taken to ensure that ADR and diversion programs are fair and equitable:

• Develop clear and objective eligibility criteria. Eligibility criteria should be based on factors that are relevant to the risk of recidivism, such as the nature of the offense, the offender’s criminal history, and the offender’s age.
• Review eligibility criteria on a regular basis. Eligibility criteria should be reviewed on a regular basis to ensure that they are fair and equitable.
• Train staff on implicit bias. Staff should be trained on implicit bias and how to avoid making decisions based on stereotypes.
• Collect data on demographic characteristics of participants. Data should be collected on the demographic characteristics of participants in ADR and diversion programs to identify any potential disparities.
• Monitor for disparities. Data on the demographic characteristics of participants should be monitored to identify any disparities in participation.

If disparities are identified, steps should be taken to address them. For example, if a particular demographic group is underrepresented in ADR and diversion programs, outreach efforts could be made to increase participation from that group.

By taking these steps, we can help to ensure that ADR and diversion programs are fair and equitable for all offenders.