REASSESSING ARREST Exploring Pre-Arrest Diversion as an Alternative to Arrest for Vulnerable Populations This project was supported by a grant from Arnold Ventures. The opinions contained herein are those of the author(s) and do not necessarily represent the official position or policies of the funder. References to specific agencies, companies, products, or services should not be considered an endorsement by the author(s) or the funder. Rather, the references are illustrations to supplement discussion of the issues. The Internet references cited in this publication were valid as of the date of publication. Given that URLs and websites are in constant flux, neither the author(s) nor the funder can vouch for their current validity. Recommended citation: “Reassessing Arrest: Exploring Pre-Arrest Diversion as an Alternative to Arrest for Vulnerable Populations.” International Association of Chiefs of Police. Alexandria, VA 2020. Published 2020 Contents Introduction .......................................................................................................................1 Origins of Document ................................................................................................1 Objectives ....................................................................................................................2 Defining Pre-Arrest Diversion ...................................................................................3 What is Arrest? ..........................................................................................................3 What is Diversion? ....................................................................................................3 What About Deflection? ........................................................................................3 When Arrest is Best ...................................................................................................... 4 Why to Consider Pre-Arrest Diversion ..................................................................5 Lowering Crime Rates.............................................................................................5 Reducing Recidivism ...............................................................................................5 Increasing Efficiency .............................................................................................. 6 Enhancing Safety ..................................................................................................... 6 Who Might Benefit from Pre-Arrest Diversion? .................................................7 Persons with Mental Health Disorders..............................................................7 Persons with Substance Use Disorders ............................................................7 Juvenile Offenders .................................................................................................. 8 Other Vulnerable Populations ............................................................................. 8 Guidelines for Program Implementation ............................................................. 9 Conclusion .......................................................................................................................10 About the IACP ............................................................................................................... 11 About Arnold Ventures ............................................................................................... 11 About the IACP/US Research Center .................................................................... 11 Origins of Document Introduction In December 2008, a long-running fiscal crisis led officials in Hamilton County, Ohio, to close the 822-bed Queensgate Correctional Facility in Cincinnati as a cost- or decades, arrest was the primary— saving measure. The closure—which reduced available Fif not the only—treatment that police jail space in Hamilton County by 36%—created concern officers were trained to use, and for good among community residents and civic leaders, many of reason: arrest can be a powerful and whom wondered whether there would be a significant productive remedy in situations that call increase in crime as a result. With fewer jail beds, they observed, police officers would have no choice but to for it, especially in scenarios that involve arrest fewer offenders.3 violent offenses and/or criminal acts where there is a high probability of public harm.1 They were right in at least one respect: The Cincinnati Police Department (CPD) could no longer arrest as many But, in many ways, arrest is like surgery: For some people as it had previously. Because jail beds had become patients, it’s a necessary and useful treatment—the only a finite resource, the department needed to treat arrests real solution. For others, it can do more harm than good as if they, too, were a precious commodity. Officers by presenting unnecessary risk when more appropriate started reserving arrests primarily for repeat and serious options are available. The best solution can vary offenders. For lesser offenses, they turned to other depending on the circumstances. Like doctors whose job evidence-based problem-solving strategies.4 Although it is to promote good health by first doing no harm, law a causal relationship has not been established, what enforcement officers must make careful decisions about happened next put skeptics’ initial fears to rest: Instead when it is appropriate to arrest, and when to utilize other of increasing, violent crime actually decreased 38.5% interventions that are likely to address the public safety between 2008 and 2014. Property crime also plummeted issue at hand without undesired effects. during the same period.5 Arrest is certainly a useful and effective law enforcement Despite the positive outcomes in Cincinnati, some strategy. Yet, a growing body of evidence suggests political, civic, and law enforcement leaders in Hamilton that arrest, especially for minor crimes, may negate its County and across the United States continue to advantages and amplify its shortcomings. Particularly argue for maximizing instead of minimizing arrest and concerning are threats to officer and community safety, incarceration.6 In an effort to understand the evidence consumption of finite police resources, financial stress for and against such policies, and to advance a growing on offenders and the community, and severed social discussion around the role of arrest in criminal justice connections – each of which is a potential undesired processes more broadly, the IACP/University of Cincinnati outcome of arrests.2 (UC) Center for Police Research and Policy (the IACP/ UC Research Center) in 2018 conducted an extensive Even as arrest remains an important and effective tool literature review. The review provides a comprehensive for law enforcement officers—whose public safety overview of what is known (and not known) about the responsibility demands that they continue arresting use of arrest and its alternatives while also calling for suspects when it is appropriate and warranted— it is additional research with which to empirically evaluate clear that there is an increasing interest in functional alternatives to arrest.7 alternatives to arrest. In response, the International Association of Chiefs of Police (IACP), with funding from While the profession awaits future research and Arnold Ventures, has created this document in order to the development of new approaches, individual explore one such alternative that has shown early promise law enforcement agencies are looking for practical in the field: pre-arrest diversion. In the sections that information and actionable strategies that their officers follow, law enforcement executives will learn when and for can implement immediately. The IACP has created this whom pre-arrest diversion might make sense, as well as document—the focus of which is pre-arrest diversion—as when traditional arrest remains viable. a first step toward meeting those needs. 1 Engel, Robin et al. 2019. The Power to Arrest: Lessons from Research. Cham, Switzerland: Springer. Also available at www.theIACP.org/research. 2 Lofstrom, Magnus et al. September, 2019. “Key Factors in Arrest Trends and Differences in California’s Counties.” Public Policy Institute of California. https://www.ppic.org/wp-content/uploads/key-factors-in-arrest-trends-and-differences-in-californias-counties.pdf (accessed February 9, 2020). 3 Engel, Robin et al. 2019. The Power to Arrest: Lessons from Research. Cham, Switzerland: Springer. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 1 | REASSESSING ARREST: Exploring Pre-Arrest Diversion as an Alternative to Arrest for Vulnerable Populations Objectives Î Inspiring new approaches to complex challenges: Law enforcement agencies must be strategic when This document is intended to serve as a resource that implementing new strategies and solutions to ensure law enforcement executives can use to pursue the the impact on their community is positive, instead of following objectives: negative. For that reason, agencies should prioritize evidence-based practices when possible—including Î Encouraging internal discussions on the use of arrest: The information in this document is intended arrest, which remains an effective remedy in many law to stimulate conversations about the role of arrest in enforcement scenarios. And yet, much can be gained agencies’ policies, and whether there are alternatives from innovation and experimentation. Provided that to arrest