The most commonly understood role of the district attorney is prosecuting crime and speaking for crime victims in criminal cases. Embedded in this function is prosecutorial discretion, or the option not to prosecute. My office exercises this option frequently, using one of three long-standing diversion programs designed to give certain offenders a second chance by providing them with services to help keep them out of the criminal-justice system.
Since I took office in January 2003, more than 17,000 nonviolent offenders have participated in one of three such diversion programs rather than go through the traditional court system.
Juvenile and Youthful Diversion is offered to first-time, nonviolent offenders ages 21 or under. In each instance, an assistant district attorney or a juvenile justice coordinator reviews the facts and circumstances of the case, and consults the victim (if there is one). If deemed eligible for diversion, a member of the Juvenile Justice Unit meets with the individual to apprise them of their rights and review the requirements (usually community service, counseling, and restitution when necessary).
If they opt to participate, they sign a contract acknowledging the terms of the agreement. Upon successful completion of the program, the case is dismissed. Should they fail to meet the requirements or opt out of the program, their case returns to court.
In 2007, in the wake of the growing opioid epidemic, my office instituted the Essex Drug Diversion program, the first program of its kind in the commonwealth. This nationally-recognized program offers nonviolent offenders with substance-use disorders drug treatment in lieu of prosecution.
By addressing the underlying issue of the criminal act while still holding the offender accountable, the program seeks to reduce drug abuse and improve public safety. We partner with Bridgewell to provide individualized treatment services and work with their clinicians to supervise participants.Through this program, nearly 1,400 people have accessed comprehensive treatment that is a minimum of six months and provides aftercare, recovery coaching and peer support.
These programs have evolved over time to meet the changing needs of the communities we serve. My staff works closely with local police, schools, and youth-serving agencies to maintain awareness of the programs.
This type of collaboration is essential to ensuring that our programs are in line with community needs and remain in line with our commitment to public safety and upholding the law.
Our goal is to see all individuals who qualify for diversion, based on the facts and circumstances of their charges, succeed.
Jonathan W. Blodgett is currently serving his fifth and final term as Essex District Attorney.
