Recidivism Outcomes Among Participants in a Misdemeanor Deferred Prosecution Program

Background and Purpose: Over the past decade, the urgency of decarceration and reducing the size of the criminal legal system has been prioritized by prosecutors across the country. Although misdemeanors are often seen as less serious or impactful than felonies, misdemeanor convictions still result in the collateral consequences of criminal legal involvement. Misdemeanor diversion programs can serve as an off-ramp from the harms of a conviction, as well as future criminal legal impact. The prosecutor-led Misdemeanor Deferred Prosecution Program (MDPP) of Cook County offers individuals charged with misdemeanors an opportunity to participate in a low-touch diversion program that results in the dismissal of their case. This study aims to explore how recidivism outcomes differ for individuals who complete MDPP compared to those who did not.

Methods: Administrative data were used from 4,167 individuals enrolled in MDPP between August 14, 2012 and August 3, 2018. Participant eligibility criteria for MDPP diversion include current non-violent misdemeanor charge(s) and limited prior criminal legal involvement. Arrest and sentencing data for these participants were obtained from a state criminal justice information authority and matched with MDPP data. Multivariate logistic regression analyses were utilized to analyze post-program arrest and convictions (i.e., sentenced to time in jail or DOC) as predicted by program completion status and covariates, including a subsample of participants who had at least three or more years post-MDPP criminal history data.

Results: The large majority of individuals completed MDPP (N = 3,591; 86.2%), resulting in a dismissal of their charge. Successfully completing MDPP was associated with significantly lower odds of being arrested (aOR = 0.20, p < .01) and lower odds of serving time in jail or DOC (aOR = 0.29, p < .01). Covariates associated with higher odds of recidivism and incarceration included number of prior arrests, time since MDPP, and race/ethnicity=Black; sex=female and older age were associated with lower odds of recidivism. Finally, for those who had at least three years of data post-program, program completion was associated with lower odds of arrests (aOR = 0.15, p < .01) and convictions leading to jail or DOC time (aOR = 0.27, p < .01). In other words, the significant associations between program completion and recidivism outcomes were maintained for the subsample, demonstrating that program completion was associated with less recidivism for participants across time.

Conclusions and Implications: Individuals who complete MDPP experience lower rates of recidivism (both arrests and convictions that result in incarceration) compared to individuals who do not complete the program. MDPP shows promise as a minimally invasive diversion program that allows individuals to avoid the collateral consequences of a conviction and reduces the odds of future criminal legal impact. With these benefits, criminal legal system actors may consider furthering the model of low-touch diversion programming as a way to successfully intervene in the often cyclical nature of criminal legal impact, collateral consequences, and future incarceration.