L.A. Court Diversion Program for People with Behavioral Health Problems Demonstrates Promise, but Needs More Resources

For Release

Monday
September 30, 2024

A Los Angeles County program to divert some people with behavioral health problems from the criminal court system has demonstrated significant success, but could be improved with increased funding for additional court staff and treatment resources, according to a new RAND report.

Since debuting in 2019 at one courthouse, the Los Angeles County Rapid Diversion Program has expanded to seven diverse courthouses. Overseen by the Justice, Care, and Opportunities Department, the program allows people to be diverted into treatment before trial, in contrast to other programs that allow diversion once charges have been resolved.

Despite some challenges, the report notes that the program has support from public defenders, prosecutors, and clinicians. Fewer than 10 percent of those who complete the program commit similar crimes in the future.

“The program has filled an important place in the continuum of options for people in Los Angeles County who have behavioral health concerns and are involved in the criminal legal system,” said Stephanie Brooks Holliday, lead author of the report and a senior behavioral scientist at RAND. “It's one important strategy to reduce the disproportionate number of individuals with mental illness in the L.A. County Jail population.”

Los Angeles County's jail system, the largest in the nation, houses a large number of people who have mental illnesses. This population has a disproportionate number of people of color, particularly those who are Black. Once incarcerated, these people have little access to treatment and their symptoms may be worsened by a jail setting.

To help address this problem, the Rapid Diversion Program was created to divert from jail people whose mental health diagnoses (including substance use disorders) played a role in the criminal charges they face. It was first launched to focus on people facing low-level, nonviolent misdemeanor charges, but has expanded to include both misdemeanors and felonies.

Prior to the Rapid Diversion Program, options for providing mental health treatment were focused on post-plea programming, or were targeted to people with more serious clinical needs or higher-level criminal charges.

In addition to receiving mental health and/or substance use disorder treatment, clients in the program receive case management services to help them address other needs, such as transportation and obtaining benefits. Successful completion of the Rapid Diversion Program leads to the dismissal of charges.

About 35 percent of the people that have used the program are unhoused and 42 percent were in temporary housing when they entered the program. About one-half of the individuals approved for diversion faced misdemeanor charges, and one-half faced felony charges.

From March 2022 to April 2024, more than 4,300 people were clinically evaluated, with nearly two-thirds being approved. The RAND report found that more than 1,200 were diverted to treatment during the period, with 53 percent graduating from the program.

Rates of recidivism are low among program graduates. Among the 669 public defender clients who have graduated from the program since it began, 91 percent have avoiding having a new case filed since their graduation.

In terms of expanding the program, public defense attorneys told RAND researchers they think that more people facing charges could be appropriate for diversion and that Rapid Diversion Program should include a wider range of charges. Prosecutors raised concerns about public safety—but agreed that Rapid Diversion Program has some benefits over traditional prosecution.

Recommendations from RAND researchers included providing additional funding to hire more full-time staff to support the program, rather than having court staff split their efforts across responsibilities.

In addition, the report recommends that dedicated treatment centers be funded for Rapid Diversion Program clients, which would expedite service linkage and could address gaps in the current system.

Support for the project was provided by the Los Angeles County Public Defender's Office.

The report, “Process Evaluation of the Los Angeles County Rapid Diversion Program: A Pretrial Mental Health Diversion Program,” is available at www.rand.org. Other authors of the report are Elizabeth Marsolais and Samantha Matthews.

The RAND Social and Economic Well-Being division seeks to actively improve the health, and social and economic well-being of populations and communities throughout the world.

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