Diversion Programs – Do They Work?
A shocking recent article questions whether the diversionary rehab programs judges use for defendants in Oklahoma really work. The article, titled “They thought they were going to rehab. They ended up in chicken plants”, describes courts’ routine practice of sending defendants convicted of minor crimes or serving suspended sentences to Christian Alcoholics & Addicts in Recovery (CAAIR) and other rehabilitation programs. Rather than focusing on addiction treatment, it says that CAAIR sends defendants to work for free doing hard labor at a poultry plant. When they get sick or slow down, they are sent to prison.
People convicted of crimes may be required to perform work for no pay, such as in prison labor programs. Otherwise, the Thirteenth Amendment to the Constitution prohibits involuntary servitude or slavery. The article says that many defendants sent to CAAIR have not been convicted because they are attending rehab as part of serving deferred or suspended sentences. Some CAAIR attendees later have their cases dismissed, yet they still spent months working without pay.
In some cases, the article says, judges who assign defendants to CAAIR appear to be breaking Oklahoma’s drug court laws because any treatment or rehab programs used must be certified, have trained counselors, and have state oversight. The article states that CAAIR is not certified, not all of its counselors have licenses, and it has no state regulation. Now, former CAAIR program participants have filed a federal lawsuit against the program, alleging that CAAIR violated labor law and engaged in human trafficking.
With CAAIR in mind, is it possible that non-exploitative diversion programs do anything good for defendants? One study found that among mentally ill defendants, diversion does reduce the amount of jail time they serve but does not reduce recidivism, or the rate of committing second offenses. Another survey found that diversion programs vary widely across the United States but primarily treat first-time or small-time offenders, those with substance abuse problems, and those who have mental health problems. Use of diversion programs is widespread and only growing to accommodate packed jails and courthouses.
It may take time, coordination, and probably more government regulation to assess the effectiveness and quality of various types of diversion programs. Many researchers are working on this very issue today. The allegations against CAAIR highlight the many concerns defendants being sent to diversion programs, their attorneys, prosecutors, and sentencing judges may have when selecting an appropriate program.
To learn more about diversion programs in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best sentencing options for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.