Law Enforcement Related Diversion

Police social workers (PSWs) were originally conceptualized over 100 years ago without necessary funding. With public safety revision becoming an increasingly important topic, the PSW model has been posed as a potential solution. According to the Journal of Contemporary Criminal Justice, research shows that “up to 80% of police calls may be related to social services, demonstrating a need that could be filled by social workers” (Ban & Riordan, 2023). With many officers not receiving specialized training to address mental health or social issues, PSWs have been emphasized as an alternative to our current public safety system.

In a case study done in Indiana, the role of police social workers (PSWs) was examined in co-responder models, where social workers collaborate closely with police departments. The study highlighted the lack of research on the effectiveness of PSWs, but suggests that they can play a crucial role in improving resource delivery and diverting individuals in crisis from the criminal justice system. The study spanned 7 months of analysis and found that PSWs were far more efficient than officers in making referrals for high-needs clients and clients with unmet basic needs. Qualitative data also indicates that PSWs can help divert individuals from the criminal justice system through crisis intervention and de-escalation techniques. Overall, the study suggests that PSWs with both micro and macro skills can be effective in improving community safety and well-being when implemented in the right context with the correct training (Ban & Riordan, 2023).

Depending on the police department, “PSWs [can] conduct case management with clients after a police interaction, organize social service agencies around community needs, and/or act as a co-responder alongside officers to social service-related calls, typically as a second responder.” With this model, PSWs have the potential to improve community well-being by “increasing use of social services, lowering recurring crisis rates, and easing burdens on the justice and health care systems” (Ban & Riordan, 2023). PSWs can also help support the rebuilding of trust in police by marginalized communities by building stronger advocative roles and diverting people from the criminal justice system, allowing marginalized individuals to avoid unjust treatment by police.

There are many challenges facing military service members, particularly veterans, ranging from post-traumatic stress disorder (PTSD), illicit drug usage, and other issues because of their service. These challenges, including difficulty adjusting to civilian life, coping with trauma, and engaging in destructive behaviors can lead to conflicts with the law. The U.S. Department of Veterans Affairs estimates that nearly one in five veterans suffers from PTSD, which can manifest as depression, detachment, irritability, and anger. The unstructured nature of civilian society can exacerbate these issues. The author argues that because these problems stem from their service to the country, there is a special obligation to rehabilitate veterans. The Veterans Diversion Program (VDP) aims to address these issues by recognizing the unique challenges faced by justice-involved veterans and providing them with specialized support (Hille, Robert… 2022).

The VDP has shown significant success in New Jersey counties such as Atlantic and Cape May. In Atlantic County, 46 veterans have enrolled, with a 92% graduation rate, and in Cape May County, there are nine graduates and no terminations. Community recognition has been a positive outcome, with stakeholders showing support and respect for veterans’ service and struggles. The VDP provides justice-involved veterans with access to VA care and links them to necessary services. It is available to active, retired, and reservist service members facing non-violent charges, provided they have a mental illness related to the offense. Enrollment is voluntary but requires a willingness to participate. The program involves collaboration between state and county law enforcement, the Department of Human Services, and federal veterans’ agencies to compile treatment services. Mentors, often active-duty service members or veterans, provide support throughout the process (Hille, Robert… 2022).

Police can recommend veterans for the VDP, and defense counsel can seek admission before the case’s disposition. Eligible offenses include drug possession, criminal mischief, shoplifting, trespassing, and prescription fraud, among others. The prosecutor determines eligibility based on various factors, including the nature of the offense and the veteran’s amenability to participation. If admitted, the veteran must comply with the terms of the diversion agreement for up to two years. Successful compliance results in charges being dismissed. Importantly, veterans can be admitted to the VDP more than once, unlike other diversion programs (Hille, Robert… 2022).

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Citations

Ban, C. C., & Riordan, J. E. (2023). Re-Envisioning Public Safety Through an Embedded Police Social Worker (PSW) Model: A Promising Approach for Multidisciplinary Resource Delivery and Diversion. Journal of Contemporary Criminal Justice, 39(4), 537-554. https://doi-org.ezproxy.lib.utah.edu/10.1177/10439862231189423

Hille, Robert, Roughneen, Thomas, & Neafsey, E. M. (2022). New jersey’s veterans diversion program. New Jersey Lawyer, 2022(334), 43-46. https://www.greenbaumlaw.com/media/publication/801_NJLawyer-VeteransDiversionProgram-RBH.pdf

By: Mason Mehr, Intern