AMERICAN BAR

ASSOCIATION
CRIMINAL JUSTICE
SECTION

New Orleans Task Force

Michael Bradley
Deputy Chief Public Defender
Orleans Public Defenders
Jee Park
Special Litigation Counsel
Orleans Public Defenders
Leon Cannizzaro
District Attorney
Orleans Parish District
Attorneys Office
The Honorable Laurie White
District Court Judge
Criminal District Court of
Orleans Parish, Sec. A
Judge Desiree Charbonnet
Chief Judge
New Orleans Municipal Court
Rosana Cruz
Associate Director
V.O.T.E (Voice of the ExOffender)
Deon Haywood
Executive Director
Women With A Vision
Henry Dean
Commander of Specialized
Investigation Division
Mark Burton
Magistrate and Municipal Court
Supervisor
Greg Miller
Chief of Screening
Jacob McCarty
RJIP Facilitator
HIV Liaison/Louisiana Delta
Service Corps
Charlene Larche-Mason
Chief Deputy City Attorney

The Racial Justice Improvement Project (RJIP) aims to

identify and reform policies and practices that produce racial
disparities in local criminal justice systems across the country.
By working with officials in state and local criminal justice
systems, RJIP attempts to address racial disparities by
developing and implementing evidence-based policy reforms
throughout the adjudication process where policies and
practices have an adverse impact on people of color.

New Orleans, Louisiana Task Force

The New Orleans District Attorneys Office maintained a functional diversion program
prior to the New Orleans Task Force (NOTF)s involvement. However, the NOTF believed that an even more
effective and efficient diversion program could be created through enabling more arrestees to participate in
diversion. To that end, the NOTF worked closely with the District Attorneys Office to develop a program that
serves arrestees charged with non-violent property crimes and to reassess the standards that made completion of
the original diversion program difficult. The NOTF and the District Attorneys Office have enhanced and
expanded the existing District Attorneys Diversion Program by working with the key stakeholders to
implement a targeted, more rapid diversionary option for offenders charged with low-level crimes. This new
program, Track 1, became the supplemental program.
The Track 1 Diversion Program diminishes the obstacles to completion of the traditional diversion program for
low-risk offenders through a shorter program length, less punitive accountability, expanded eligible offenses,
and less rigorous check-in requirements. By expanding the alternatives of the diversion program, the NOTF
intended to provide more opportunities for people of color, who are disproportionately impacted in the criminal
justice system, to avoid the life-altering first felony conviction. In 2008, prior to the implementation of Track 1,
300 arrestees participated in the diversion program.1 Subsequent to Track 1 implementation, 940 participants
benefitted from diversion in 2013. Of these new Track 1 participants, 86% were Black, and 31% were female.2
Track 1 was successful in diverting first-time arrestees from the court system, with 71% of Track 1 participants
joining the program following their first arrest.3 35% of arrestees in Track 2 were successfully diverted to the
program following their first arrest.4 See Appendix KK for the Pilot program evaluation and data breakdown.
The NOTF, with further RJIP funding and guidance, developed a new diversion program for sex workers in
New Orleans. The Crossroads Diversion Program (Crossroads) is intended to provide alternatives that can break
the cycle of incarceration for sex workers in New Orleans, provide access to social services and other
assistance, and simultaneously ease the burgeoning caseloads of courts and jails.5 Crossroads was created
through a partnership with Women With a Vision (WWAV), a New Orleans-based nonprofit that provides
services for marginalized women in communities of color.6 The initial pilot version was implemented in June
2014.7 Since that date, 155 women have been screened and deemed eligible Crossroads between. Of the 153
women, 80 have already graduated. Many of the graduates have continued to participate in the program
1 See Andree Mattix, New Orleans Diversion Then and Now, PowerPoint Presentation, 3 (2011).
2 See Inga James, New Orleans, Louisiana Racial Justice Improvement Program: Track 1 Diversion Program, Year 2
Evaluation Findings 5 (2014).
3 See Mattix, supra at 6.
4 See id.
5 See ABA Criminal Justice Section, Task Force Reform Goals: Summary of New Orleans Task Force, 3 (2014).
6 See New Orleans Task Force Crossroads Diversion Program: Diversion Program for Sex Workers presentation 14
(2014).

voluntarily.8 Even without a court mandate, the women are attending sessions with WWAV and have maintained
contact with their case manager.9 This groups continued voluntary ties with the program are a strong indicator
of the positive impact the program is having in the lives of women who enter the program. See Appendix W for
the most up to date Pilot Program stats.
The success of both Track 1 and Crossroads Diversion also laid the foundation for the creation of subsequent
diversionary programing in New Orleans. NOTF was able to research, advocate for, and implement two new
diversionary programs with significantly less resistance from relevant stakeholders in the New Orleans Criminal
justice system. These new programs, the Adult Misdemeanor Diversion Program and the Post Plea Diversion
program, serve to offer additional opportunities for eligible participants to avoid the negative consequences of
developing a criminal record and having prolonged contact with the criminal justice system. See Appendix BB
and Appendix DD for the program guidelines and information. It is clear that increased diversion pathways are
having a positive effect in New Orleans.
In February 2016 the NOTFs work was highlighted in national media. The Atlantic and the Vera Institute of
Justices the Human Toll of Jail both ran articles on the task forces Crossroads Diversion Program. Crossroads,
developed using the unique RJIP Task Force Model, provides an opportunity for those arrested for prostitution
in New Orleans to avoid the criminal justice system, while providing them with individualized services.
Prominently featured in the articles is Judge Desiree Charbonnet. When Crossroads participants are in her
courtroom, she takes on the responsibility of creating a positive interaction with the criminal justice system
rather than formality and legalese, Judge Charbonnet has taken it upon herself to let participants know that she
expects to see them soon to check in. Also done by other RJIP Task Forces, Judge Charbonnet holds a
graduation for participants upon successful program conclusion, complete with a heartfelt congratulations and
a certificateboth things that participants may have never before experienced. This desire to make the system
accessible and less alienating is at the core of many of the task forces work. To read the articles, see Appendix
NN and Appendix OO.

7 See ABA Criminal Justice Section Summary of New Orleans Task Force: Task Force EffortsCrossroads Diversion, 11
(2014).
8 See id.
9 Id.

TABLE OF CONTENTS
SUMMARY OF NEW ORLEANS TASK FORCE6

GENERAL JURISDICTION INFORMATION......................................................................6

BACKGROUND ON PROPOSED AREA OF REFORM.............................................................6
TASK FORCE REFORM GOALS................................................................................ 8
TASK FORCE MEMBERS....................................................................................... 9
DIVERSION PROGRAM ELIGIBILITY CRITERIA.............................................................11
Track 1 Diversion................................................................................................................... 11
Track 2 Diversion................................................................................................................... 12
Crossroads Diversion............................................................................................................. 13
Adult Misdemeanor Diversion................................................................................................ 14
Post Plea Diversion................................................................................................................ 15

IMPLEMENTATION............................................................................................16
BUDGET INFORMATION...................................................................................... 19
RESULTS................................................................................................................. 23

EVALUATION METHODS......................................................................................23
DATA..........................................................................................................26
PROJECT SUMMARY......................................................................................... 29

APPENDICES............................................................................................................32

APPENDIX A: NEW ORLEANS RJIP APPLICATION PACKET................................................32

APPENDIX B: OCTOBER 2010 GRANT CONTRACT..........................................................39
APPENDIX C: OCTOBER 2010 RJIP CONTRACT ADDENDUM...............................................43
APPENDIX D: MR. KENNEDY PRELIMINARY DATA.........................................................44
APPENDIX E: NEW ORLEANS POWER POINT PRESENTATION ON DIVERSION, NATIONAL PRETRIAL
DIVERSION SYMPOSIUM....................................................................................53
APPENDIX F: FEBRUARY 2011 RJIP REPORT...............................................................55
APPENDIX G: FEBRUARY 11 2011 LUNCHEON AGENDA AND TRAINING GUIDE...........................57
APPENDIX H: AUGUST 2011 RJIP REPORT.................................................................69
APPENDIX I: APRIL 2012 RJIP REPORT....................................................................72
APPENDIX J: JULY 24TH LUNCHEON AGENDA AND PROGRAM..............................................75
APPENDIX K: JANUARY 2013 RJIP REPORT................................................................77
APPENDIX L: JANUARY 2013 CCI CONTRACT..............................................................82
APPENDIX M: ADDENDUM TO CCI CONTRACT.............................................................90
APPENDIX N: JULY 2013 GRANT CONTRACT...............................................................91
APPENDIX O: MARCH 24 PEER TO PEER NYC SITE VISIT................................................94
APPENDIX P: MAY 10 2013 RJIP REPORT................................................................100
APPENDIX Q: DECEMBER 2013 RJIP REPORT............................................................117
APPENDIX R: JULY 23RD 2014 LUNCHEON INVITE LETTER..............................................121
APPENDIX S: OCTOBER 10, 2014 RJIP ANNUAL MEETING PRESENTATION.............................122
APPENDIX T: NOVEMBER 2014 GRANT CONTRACT......................................................127
APPENDIX U: FEBRUARY 2015 RJIP REPORT.............................................................131
APPENDIX V: APRIL 1ST 2015 GRANT CONTRACT.........................................................137
APPENDIX W: MAY 2015 RJIP REPORT...................................................................140
APPENDIX X: TRACK 1 MEMORANDUM OF UNDERSTANDING............................................144

APPENDIX Y: TRACK 1 DIVERSION CLIENT MANUAL....................................................148

APPENDIX Z: TRACK 1 DIVERSION BROCHURE...........................................................152
APPENDIX AA: TRACK 2 DIVERSION CLIENT MANUAL..................................................154
APPENDIX BB: ADULT MISDEMEANOR DIVERSION CLIENT MANUAL...................................158
APPENDIX CC: ADULT MISDEMEANOR DIVERSION BROCHURE.........................................164
APPENDIX DD: ADULT DIVERSION POST PLEA CLIENT MANUAL.......................................166
APPENDIX EE: POST PLEA DIVERSION BROCHURE......................................................173
APPENDIX FF: CROSSROADS DIVERSION MOU..........................................................175
APPENDIX GG: CROSSROADS DIVERSION BROCHURE...................................................178
APPENDIX HH: CROSSROADS DIVERSION CONDITIONS FOR PARTICIPATION...........................180
APPENDIX II: CROSSROADS DIVERSION PROGRAM Q&A................................................182
APPENDIX JJ: CROSSROAD DIVERSION PROGRAM INDIVIDUAL PARTICIPANT SERVICE PLAN.........184
APPENDIX KK: NEW ORLEANS, LOUISIANA OUTCOME EVALUATION PLAN............................186
APPENDIX LL: INTERVIEW PROTOCOL................................................................... 195
APPENDIX MM: PARTICIPANT INTERVIEW COMMENTS..................................................196
APPENDIX NN: THE ATLANTIC ARTICLE..................................................................197
APPENDIX OO: VERA ARTICLE............................................................................204

SUMMARY OF NEW ORLEANS TASK FORCE

GENERAL JURISDICTION INFORMATION
The population of New Orleans remains relatively small for a major US city. It is estimated that New
Orleans has only 384,320 residents.10 Of that population 60.2% are Black, 33.0% are white, 5.2 % are
Hispanic, and 2.9% are Asian.11 Prior to Hurricane Katrina in August 2005, the population of New
Orleans was estimated to be 454,863. Of the population that remains, approximately 16% of the
population did not complete high school. The median income in the city of New Orleans is
approximately $37,000, or $13,000 less than the national median of $50,000.12 Further, the poverty
rate of 27% has increased over the last 5 years from a 2007 low of 21.13
The city is divided into eight different police districts, and welcomed a new police chief, Chief Ronal
Serpas from the Nashville Police Department, in 2009. Unfortunately, the police force continues to
make unfortunate headlines, which resulted in a federal consent decree with oversight from the
Justice Department, aimed at addressing inadequately trained officers and unconstitutional practices.
The Sheriffs Office is also under a federal consent decree, which is focused on, among other things,
inmate-on-inmate violence, failure to stop excessive force by deputies, and inadequate staffing.
Given such context, the momentum for reform is present in New Orleans.
There are twelve elected criminal district court judges and one elected magistrate judge in Orleans
Parish. There are also three appointed magistrate commissioners to assist the magistrates with bond
setting and first appearance or probable cause determinations. Additionally, there are four elected
municipal court judges and three elected traffic court judges. The Orleans Parish Sheriff and District
Attorney are also elected officials.

BACKGROUND ON PROPOSED AREA OF REFORM

Community watchdog organizations, such as the Metropolitan Crime Commission and the New
Orleans Crime Coalition, regularly produce accountability reports on the state of the criminal justice
system. None of these reports, however, examine or take into consideration how race and racial bias
impact the administration of the criminal justice system and what effect such disparity has on people
of color. Anecdotal evidence from both New Orleans defense attorneys and community members,
however, clearly demonstrated that Blacks represented the majority of those charged with felony and
misdemeanor offenses. The jurisdiction sought involvement with the Racial Justice Improvement
Project because there was recognition of the need to unpack the racial dynamics of the criminal
justice system in New Orleans, from arrest tactics and through adjudication and conviction.

10 United States Census Bureau, New Orleans, Louisiana (2014), available at

http://quickfacts.census.gov/qfd/states/22/2255000
11 United States Census Bureau, New Orleans, Louisiana (2010), available at
http://quickfacts.census.gov/qfd/states/22/2255000.html.
12 Id.
13 Id.

The Orleans Public Defenders (OPD) office represents a significant proportion of the cases of recent
arrestees. In 2011, of the 33,117 arrests made by the police, the OPD handled 28,991 cases, or 87%
of accepted felony, misdemeanor, municipal, and traffic cases. This is one example of how the
resources in New Orleans are overburdened. Given the high volume of arrestees and the inherent
difficulties in managing a criminal justice system as inundated as New Orleanss, the New Orleans
Task Force (NOTF) was dedicated to developing opportunities for addressing low-level offenses
outside of the traditional process.
OPDs Special Litigation Division serves as the RJIP site facilitator. This division was created nearly
five years ago to address the systemic issues affecting the offices clients. Its mission is devoted to
analyzing and examining how criminal polices and police practices have a disproportionate impact
on indigent defendants and their communities, and to work closely with staff attorneys, prosecutors,
legislators, city council members, and community leaders to ensure that those issues are addressed in
a comprehensive and strategic manner. RJIP facilitated those efforts by bringing stakeholders
together to identify and confront issues of racial bias in the criminal justice system, beginning with
opportunities for diverting arrestees out of the system.
From July 2011 through July 2012, there were an estimated 34,394 arrests in New Orleans. That
means approximately one in every eleven New Orleanians was arrested. Further, data gathered with
the assistance of the Vera Institute of Justice revealed that, in 2010, 83% of arrestees were black, and
only 16% were white. Thus, the NOTF decided to focus on increasing the capacity of their criminal
justice system to address an unmet need of people of color in the system. See Appendix E for Vera
Institute Background data.
In the initial stages of reform, the NOTF intended to use the following data sources to determine the
racial disparities in citizen-police interactions: field interview cards, booking sheets, Public Integrity
Bureau (PIB) complaints, citizen satisfaction surveys, use of force cards, and census data. The reform
imagined in 2010 would target the New Orleans Police Departments aggressive stop and frisk
procedure once more light was shed on its disproportionate effect on stopping people of color. This
hypothesis was drawn from a 2006 survey by a Strong Streets/Strong Communities survey, which
that found 71% of Blacks lived in daily fear that the police would harm them or a loved one. See
Appendix A for background research reports
The NOTF discussed their later ideas on reform and resources with Mary Howell,
a local civil rights attorney. At the meeting where this occurred, Judge Laurie
White lamented that she knew who was accepted into diversion, but, beyond
that, did not receive continuing information from the DAs office as to how the
participants were faring. Many NOTF members shared her sentiments, including
representatives from the Public Defenders Office and the community. The DAs
diversion program criteria and requirements were a mystery to most
stakeholders involved in the criminal justice system. Cynthia Jones, an ABA
facilitator, was at this meeting and helped the NOTF visualize what focusing the
project on reforming the DAs diversion program could look like.
TRACK 1 D IVERSION
Following the discussion on the guarded diversion program, the NOTF decided to
focus on reforming the diversion programming available in Orleans Parish. The

NOTF identified diversionary programs as an area that could provide immediate

and measurable benefits to the current criminal justice system in New Orleans.
The purpose of the Track 1 Diversion Program was to provide low-level felony offenders an
opportunity to divert out of the traditional criminal justice process without having to complete a
treatment-heavy, lengthy diversion program. The goal was that with the new program, more
individuals would opt in, would receive more targeted diversion, and would successfully complete
diversion, resulting in fewer felony convictions.
The initial concept of reforming the diversion program in New Orleans was to
replace the already existing program, Track 2. Spurgeon Kennedy, an expert
hired to assist with the development of the diversion program, compiled several
reports, using data to supplement the NOTFs qualitative knowledge of the
Orleans Parish criminal justice system. Mr. Kennedys first report provided
insight into the original diversion programs success. In summary, 37% of those
that accepted the offer for diversion were successful in completing the program.
Of the 686 arrestees offered diversion, 112 declined participation. These
statistics, according to Mr. Kennedy, were more comforting than predicted.
However, the memo also discussed the low turnover rate, which demonstrated
how cumbersome the program could be. His second report provided described
the demographics of arrestees for 2010. Of nearly 11,000 arrestees, 83% were
Black, which is highly disproportionate to city demographics. Considering both
reports, the NOTF concluded that there was an evident disparity between the
representation of Black males in the diversion program, (50% of those accepted
into the program), and the total number of arrestees that were Black men
(about 68%). The raw data and summary tables of Mr. Kennedys reports can be
found in Appendix D. Given the marked racial differences, the NOTF
determined that improving those arrestees opportunities to be diverted out of
the traditional criminal justice system would be beneficial to the community at
large.
CROSSROADS DIVERSION
When it comes to researching the need for a diversion program servicing sex
workers specifically, it was found that predominantly females of color are
arrested in New Orleans for sex trafficking. Many are poor, homeless, struggle
with substance abuse and/or mental health issues, are victims of physical and
sexual abuse by men who solicit their services and who employ them, and suffer
from trauma. Incarcerating these women, instead of providing services and
intervention, does nothing to ensure they will not return to their previous line of
work, and as a result, the criminal justice system See Appendix W for the RJIP
May 2015 report outlining Crossroads background. The NOTF found that, from
January 2011 to June 2013, there were 581 total arrests for Misdemeanor
Prostitution. Of these arrestees, 63% were Black and 36% were white, with a
median age of 29. Additionally, Blacks were less likely to have their charges
dismissed. Furthermore, Black defendants were more likely than their white
counterparts to plead guilty. The average jail sentence for such arrestees was 89
days, with a per inmate per diem of $23, costing New Orleans $2,047.

The NOTF identified several patterns of inequality among arrestees charged with
prostitution and looked more deeply into the roots of sex work. Many people are
coerced into doing sex work by external forces or by poverty. Also, a
disproportionate number of those arrested for prostitution are women, a large
number of whom have children. Additionally, arrestees charged with prostitution
are typically nonviolent, low-level offenders. Lastly, prostitution conviction is
stigmatizing and, as a result, women with prostitution convictions have a
difficult time entering the mainstream workforce when/if they so desire to.

TASK FORCE REFORM GOALS

The purpose of the Track 1 Diversion Program is to provide low-level felony offenders an
opportunity to divert out of the traditional criminal justice process without having to complete a
treatment-heavy, lengthy diversion program. The goal is that with the new shorter program, more
individuals will opt in, will receive more targeted diversion, and will successfully complete
diversion, resulting in diminished collateral consequences of conviction. To that end, the NOTF
worked closely with the District Attorneys Office to develop a program that serves arrestees charged
with non-violent property crimes and address the standards that made completion of the original
diversion program difficult for some participants.
The NOTF worked with the District Attorneys Office to receive technical assistance for data
tracking of their reform through the Center for Court Innovation (CCI). The aim was to allow the
DAs Office to upgrade and update their existing data tracking software so that individuals in Track 1,
the newly implemented diversion alternative, could be tracked and the NOTF could assess the
efficacy of its reform in diverting low-level offenders from traditional prosecution. See Appendix L
and Appendix M for CCI contracts.
The NOTF worked with the DAs Office and Orleans Parish Municipal Court to also introduce a
Prostitution Diversion program. That program, known as the Crossroads Diversion Program, in
partnership with the local non-profit Women with a Vision (WWAV), hopes to provide alternatives to
incarceration that can break the cycle of incarceration for sex-workers in New Orleans, while
simultaneously easing the burgeoning caseloads of the courts and jails. NOTF hopes to instead divert
at-risk sex workers to counseling and treatment via WWAV. The NOTFs goal is to also have the
diversion program provide meaningful counseling and rehabilitative services to program participants,
empower men and women to leave the sex work industry, increase access to social services, and
mitigate lasting collateral consequences of conviction. An overview about the history, goals, and
progress of the Crossroads Diversion Program can be seen in the presentation given at the October
10, 2014 RJIP annual meeting, found in Appendix S. A fact sheet about the Crossroads Diversion
Pilot Program can be found in Appendix II.
After seeing success with the pilot program for Track 1 and Crossroads Diversion, two new diversion
programs were initiated: Adult Diversion Post Plea and Adult Misdemeanor Diversion. The Adult
Misdemeanor Diversion Program supplements the existing Track 1 and Track 2 Diversion Programs,
targeting those charged with: possession of marijuana (first offense); possession of paraphernalia;
simple battery; criminal damage; assault; criminal mischief; criminal trespass; theft; shoplifting;
possession of stolen property; gambling; or disturbing the peace (non-domestic violence). See
Appendix BB for the Adult Misdemeanor Diversion Program Client Manual.

The Adult Diversion Post Plea Program differs from Track 1, Track 2, and the Adult Misdemeanor
Diversion Program in that individuals must first enter a guilty plea for their charges. Upon
completion of the program, individuals may be permitted to withdraw their guilty plea and the case
may be dismissed. See Appendix DD for the Post Plea Diversion Program Client Manual. These
program serve to offer additional opportunities for eligible participants to avoid the negative
consequences of developing a criminal record and prolonged contact with the criminal justice
system.

TASK FORCE MEMBERS

The composition of the NOTF changed as needed during the course of its work. In the planning
stages of reform, the NOTF incorporated stakeholders from every aspect of the criminal justice
system, such as representatives from: the Orleans Parish District Attorneys Office; The Orleans
Public Defenders; The New Orleans Police Department; Safe Streets/Strong Communities; and the
Orleans Parish Criminal District Court.
Once the focus of the reform was chosen, members of the NOTF were voluntarily pared down to
those with a direct investment in diversion. The organizations represented include: Orleans Parish
District Attorneys Office, The Orleans Public Defenders, The New Orleans Police Department,
Voice of the Ex-Offender (VOTE) and the Orleans Parish Criminal District Court. Following the
initiation of the successful Track 1 diversion pilot program, NOTF meetings shifted to those
interested in developing a prostitution diversion program in the Municipal Court system as a
reiteration of Track 1. At this point, the composition of the NOTF changed significantly because of
the different at-need population of arrestees the municipal diversion program would target. The
organizations involved in this latest NOTF include: Orleans Parish District Attorneys Office, The
Orleans Public Defenders, the Orleans Parish Municipal Court, and representatives of two nonprofits, VOTE and Women with a Vision.
Below is a list of the New Orleans Task Force Members:
Michael Bradley
Deputy Chief Public Defender
Orleans Public Defenders
Jee Park
Special Litigation Counsel
Orleans Public Defenders
jpark@opdla.org

The Honorable Laurie White

District Court Judge
Criminal District Court of Orleans
sectiona@crimnalcourt.org

Rosana Cruz
Associate Director
V.O.T.E (Voice of the Ex-Offender)
rosana@vote-nola.org

Leon Cannizzaro
District Attorney
Orleans Parish District Attorneys Office
emurphy@orelansda.com
Mark Burton
Magistrate and Municipal Court Supervisor
Orleans Parish District Attorneys Office
mburton@orleansda.com

Charlene Larche-Mason
Chief Deputy City Attorney
Traffic and Municipal Law Departm
cclarche@nola.gov
Jacob McCarty

Judge Desiree Charbonnet

Chief Judge
New Orleans Municipal Court
desicharbonnet@aol.com
Henry Dean
Commander of Specialized Investigation Division
New Orleans Police Department
hwdean@nola.gov

RJIP Facilitator
Orleans Public Defenders
jmccarty@opdla.org
Greg Miller
Chief of Screening
Orleans District Attorneys Office
gmiller@orleansda.com

Deon Haywood
Executive Director
Women With A Vision
d.elainehaywood@gmail.com

DIVERSION PROGRAM ELIGIBILITY CRITERIA

TRACK 1 DIVERSION
1) The following persons will be eligible for the Track 1 Diversion Program:
a. Arrested for a property offense, including but not limited to, simple criminal damage
to property, unauthorized entry, simple burglary, theft, unauthorized use of a
moveable, illegal possession of stolen things, access device fraud, issuing worthless
checks, and monetary instrument abuse.
b. No prior felony convictions;
c. No more than two nonviolent misdemeanor convictions;
d. No arrests for crimes of violence for the past seven years;
e. No mental health counseling needs; and
f. No drug treatment needs.
2) An eligible participant after consultation with his/her attorney may decline to participate in
the program.
3) If admitted to Diversion Track 1 Program, each participant must:
a. Participate in the 4-8 weeks of initial assessment conducted by counselors and social
workers in the District Attorneys Diversion Office;
b. Weekly drug testing for the first four weeks of initial assessment;
i. If a participant tests positive during any of the first four weeks, he/she must
participate in a 12-week drug education group run by diversion counselors at
the diversion office in Tulane Towers; and
ii. During those 12-weeks, participants may be asked to take random drug tests
by his/her counselor.
iii. If a [participant fails to remain drug free, he/she will either be offered to
participant on the Diversion Treatment Program, Track 2, or be terminated
from the program.
c. Weekly in person reporting during the first four weeks of initial assessment to a
counselor in the District Attorneys Office;

i. If a participant fails to report during any of the first four weeks, weekly
reporting may be extended up to 6 weeks.
ii. Failure to report for two consecutive weeks without good cause may result in
termination from the program.
d. After the initial four weeks, participants must maintain monthly contact with their
counselors until completion of the program via monthly office visits.
i. Failure to report for two consecutive months may result in termination from
the program.
e. Participants must complete 40 hours of community service with a designated
community service organization; OR
f. For participants whom do not have a high school diploma or GED, must enroll and
maintain regular attendance in a GED program; OR
g. Maintain employment and make timely restitution payments.
h. All participants of the program may be subjected to random drug testing during the
course of their participation at the discretion of their case managers.
4) Participants of the Track 1 Diversion Program must attempt to complete the above
requirements in 9 months or less but the program will allow participants up to 12 months to
complete the program. Participants with one or more misdemeanor conviction must remain in
the program for a minimum of 12 months.
See Appendix Y for the Client Manual and Appendix Z for the Participant Brochure.

TRACK 2 DIVERSION
To participate in the program, you agree to the following conditions:
1) Remain drug and alcohol free. While on the Diversion program you may not use any mindaltering substances.
2) The District Attorney, Treatment Program and Diversion Counselor will request that you
provide full and truthful information regarding:
a. Information about criminal charges or activity
b. Education, work experience, and training
c. Family history
d. Your residency in the community and current citizenship status.
e. Medical and mental health history, including any information regarding current/past
prescription medications.
f. Any other information reasonably related to the success of your treatment program.
3) You agree to keep all treatment, office and other appointments required by your Diversion
Counselor. Treatment referrals for medical, mental health and substance abuse treatment will
be made after a full assessment with your Diversion Counselor. You agree to attend and
comply with all referrals from your Diversion Counselor.
a. If you are in any phase of substance abuse treatment you must notify any health care
providers that you are in substance abuse treatment and request that you only be given
non-narcotic prescriptions
4) You agree to testify in a full and truthful manner against any co-defendants that may be
related to this case.
5) You agree to sign all authorizations for the release of information as required by the
Diversion Counselor.

6) You agree that if you fail to comply with the program requirements, appointments, or test
positive for a prohibited substance, the Diversion Counselor may immediately order one or
more of the following requirements:
a. Increase reporting to your Diversion Counselor
b. Increased Drug testing
c. Implement/Alter a curfew
d. Community Service Hours
e. Altered Treatment Schedule
f. Extension of program length
g. Return Case for Prosecution
7) You must submit to drug testing as directed by your Diversion Counselor and treatment
provider. All fees for drug testing are your responsibility and must be paid at the time of
testing.
8) You agree to pay a $200.00 program fee to the Orleans Parish District Attorneys Office. All
fees are non- refundable and must be paid on an agreed upon schedule.
9) In the event that your case requires restitution, you agree to make such restitution to the
aggrieved party for any damage or loss caused by your offense. The Assistant District
Attorney assigned to the case will determine this amount.
10) You must refrain from frequenting unlawful or disreputable places or consorting with
disreputable persons/and or convicted felons.
11) You must notify and have permission from your Diversion Counselor prior to making any
changes in your address, phone number, or employment and prior to making any travel
arrangements.
12) You agree to refrain from violating any Municipal, State or Federal laws.
13) You must agree to refrain from owning or possessing any firearms or other dangerous
weapons.
14) You agree to maintain gainful, verifiable employment and /or participate in educational/
vocational training programs.
The Track 2 Diversion Program Client Manual can be found in Appendix AA.

CROSSROADS DIVERSION
1) The following persons will be eligible for Crossroads Diversion Program:
a. Arrested for misdemeanor state and/or municipal prostitution charge(s); or arrested for
misdemeanor state and/or municipal prostitution charge(s) and misdemeanor state
and/or municipal drug charge(s);
b. Not currently on probation or parole;
c. Have a local address at the time of booking; and
d. Have prior nonviolent misdemeanor or nonviolent felony conviction(s).
e. If an arrestee has a violent misdemeanor or violent felony conviction(s) within the last
5 years, their eligibility will be assessed on a case-by-case basis by the District
Attorneys Office and/or the City Attorney in collaboration with the Judge and your
attorney.
2) If admitted to Crossroads Diversion Program, each participant must:
a. Meet with a case-manager at WWAV for initial intake and assessment;
b. Submit to an initial drug test;

3)
4)

5)
6)

7)

8)

i. If a participant tests positive at the time of the initial drug test, they will not be
terminated from the program. The case manager at WWAV will determine the
appropriate number and frequency of subsequent drug tests; and
ii. If a participants drug levels have not decreased by subsequent drug tests, the
case manager at WWAV can mandate additional counseling sessions or make a
referral to a treatment program.
c. Return to court with a WWAV case manager to report to the Judge on status of their
participation in the program;
d. Attend a weekly in-person counseling session with the case manager at WWAV;
i. Number of sessions required will be determined during the development of the
participants individualized case management plan.
ii. Repeated failure to report for weekly in-person counseling sessions may result
in additional mandated counseling sessions or termination from the program.
iii. Whether to terminate or mandate additional sessions will be determined at a
contradictory court hearing with participation of the District Attorney and/or
City Attorney, Public Defender or retained counsel, WWAV case manager
before the Judge.
e. Participants must adhere to any and all recommendations made by the case manager at
WWAV.
Participants of the Crossroads Diversion Program will graduate from the program upon
completion of mandated counseling sessions as outlined in their individualized service plan.
When a participant has successfully completed all of the mandated sessions of the
individualized service plan, the participant will return to court with their case manager from
WWAV on the day of their graduation. At that time, the District Attorneys Office and/or City
Attorneys Office will enter a dismissal in the criminal case.
If the participant fails to complete the Crossroads Diversion Program, the District Attorneys
Office and/or the City Attorneys Office will proceed with the participants criminal case.
Orleans Public Defenders will screen for eligible participants using the criteria agreed upon
by the Task Force enumerated above in number 1.
a. If an eligible participant is identified and agrees to participate, the District Attorney
and/or City Attorney and the Public Defender will ask the Judge that the individual be
released on their own recognizance so that they may report to Women With A Vision
for subsequent intake and assessment.
An individual who meets the eligibility criteria enumerated above in number 1 may
participate in Crossroads Diversion Program more than once. Whether to permit repeat
participation will be determined on a case-by-case basis by the District Attorney and/or the
City Attorney in collaboration with the Judge and the Public Defender or participants
retained attorney.
During the pilot phase of the Crossroads Diversion Program, the Program will be
implemented only in Section C of Municipal Court.

Crossroads Diversions conditions of participation and program individual service plan can be found
in Appendix HH and Appendix JJ, respectively. The Participant Brochure can be found in
Appendix GG.

ADULT MISDEMEANOR DIVERSION

1) The following persons will be eligible for the Misdemeanor Diversion Program:

a. a. Arrested for: Possession of Marijuana (first offense) Possession of Paraphernalia

Simple Battery Criminal Damage Assault Criminal Mischief Criminal Trespass Theft
Shoplifting Possession of Stolen Property Gambling Disturbing the Peace (NonDomestic Violence)
b. The charge must not have resulted in any serious injury and will require victim
approval.
c. No more than one prior non-violent felony conviction.
d. No more than two non-violent misdemeanor convictions.
e. No arrests for crimes of violence for the past five (5) years.
2) If admitted to Misdemeanor Diversion Program, each participant must:
a. Participate in the 4-8 weeks of initial assessment conducted by counselors and social
workers in the District Attorneys Diversion Office;
b. Weekly drug testing for the first eight weeks of initial assessment;
i. If a participant tests positive during any of the first four (4) weeks, s/he must
participate in a 12-week drug education group run by diversion counselors at
the diversion office in Tulane Towers;
ii. During those 12-weeks, participants may be asked to take random drug tests
by his/her counselor.
iii. If a participant fails to remain drug-free, s/he will either be referred to more
treatment or terminated from the program.
c. Weekly in-person reporting during the first four (4) weeks of initial assessment to a
counselor in the District Attorneys Diversion Office;
i. If a participant fails to report during any of the first four (4) weeks, weekly
reporting may be extended up to 6-8 weeks/
ii. Failure to report for consecutive two weeks without a verifiable good cause
explanation may result in termination from the program.
iii. After the initial four (4) weeks, participants must maintain a minimum of a
monthly contact with their counselors until the completion of the program by
monthly office visits. Failure to report for two consecutive check-ins without a
verifiable good cause explanation may result in termination from the program.
d. Participants must complete 40 hours of community service with a designated
community service organization ; OR
e. For those who do not have a high school diploma or a GED, must enroll in and
maintain regular attendance at a GED Program; OR
f. Maintain employment and make timely restitution payments.
g. All participants of the program may be subject to random drug testing during the
course of their participation as determined by their case managers.
3) Participants of the Misdemeanor Division Program must attempt to complete the above-noted
requirements in 12 months or less, but the program will allow participants up to 12 months to
complete the program. Participants with one or more misdemeanor/felony convictions must
remain in the program for a minimum of 9-12 months. Participant making restitution
payments will remain in the program beyond the 9-12 months until the restitution payments
have been paid in full.
The Adult Misdemeanor Client Manual and Program Brochure can be found in Appendix BB and
Appendix CC.

POST PLEA DIVERSION

To participate in the program, one must agree to the following conditions:

1) Remain drug and alcohol free. While on the Diversion program you may not use any mindaltering substances.
2) The District Attorney, Treatment Program and Diversion Counselor will request that you
provide full and truthful information regarding:
a. Information about criminal charges or activity
b. Education, work experience, and training
c. Family history
d. Your residency in the community and current citizenship status.
e. Medical and mental health history, including any information regarding current/past
prescription medications.
f. Any other information reasonably related to the success of your treatment program.
3) You agree to keep all treatment, office and other appointments required by your Diversion
Counselor. Treatment referrals for medical, mental health and substance abuse treatment will
be made after a full assessment with your Diversion Counselor. You agree to attend and
comply with all referrals from your Diversion Counselor.
a. If you are in any phase of substance abuse treatment you must notify any health care
providers that you are in substance abuse treatment and request that you only be given
non-narcotic prescriptions
4) You agree to testify in a full and truthful manner against any co-defendants that may be
related to this case.
5) You agree to sign all authorizations for the release of information as required by the
Diversion Counselor.
6) You agree that if you fail to comply with the program requirements, appointments, or test
positive for a prohibited substance, the Diversion Counselor may immediately order one or
more of the following requirements:
a. Increase reporting to your Diversion Counselor
b. Increased Drug testing
c. Implement/Alter a curfew
d. Community Service Hours
e. Altered Treatment Schedule
f. Extension of program length
g. Return Case for Prosecution
7) You must submit to drug testing as directed by your Diversion Counselor and treatment
provider. All fees for drug testing are your responsibility and must be paid at the time of
testing.
8) You agree to pay a $200.00 program fee to the Orleans Parish District Attorneys Office. All
fees are non- refundable and must be paid on an agreed upon schedule.
9) In the event that your case requires restitution, you agree to make such restitution to the
aggrieved party for any damage or loss caused by your offense. The Assistant District
Attorney assigned to the case will determine this amount.
10) You must refrain from frequenting unlawful or disreputable places or consorting with
disreputable persons/and or convicted felons.
11) You must notify and have permission from your Diversion Counselor prior to making any
changes in your address, phone number, or employment and prior to making any travel
arrangements.
12) You agree to refrain from violating any Municipal, State or Federal laws.

13) You must agree to refrain from owning or possessing any firearms or other dangerous
weapons.
14) You agree to maintain gainful, verifiable employment and /or participate in educational/
vocational training programs.
The Post Plea Client Manual and Program Brochure can be found in Appendix DD and Appendix
EE, respectively.

IMPLEMENTATION
TRACK 1 D IVERSION
A memorandum of understanding between stakeholders was signed in May
2012, which included the changes advocated for by the NOTF, implemented a
new diversion alternative. This MOU can be seen in Appendix X. The preexisting diversion program required that every participant partake in a series of
general program requirements, including regular group and individual
counseling, drug testing and weekly meetings with their counselor/case
manager. Because the goal of the diversion counselors was to devise and carry
out a treatment plan for all participants in-line with the clinical therapeutic
model, the length of the program is a mandatory 2 years. The NOTF believed
this to be too long, particularly for first time offenders with no substance abuse
of mental health treatment needs. The NOTF aimed to curtail some of the
general, across the board requirements for all participants and to shorten the
program so that participants could complete the program within 90 days, 6
months, 9 months, and a year.
A luncheon was held in February 2011, which was used to rally support for the
creation of a new diversion program. It featured panelists from New York,
Kentucky, and South Carolina who presented on diversion models and
standards. An agenda for this luncheon can be seen in Appendix G. Once
completion requirements were agreed upon, Diversion Track 1 was formally launched in July 2012 at
a second luncheon at the Louisiana State Bar Association, which aimed at informing people
about the resulting diversion program and its parameters. The luncheon was
attended by stakeholders from across the criminal justice and political community. City council
members, Susan Guidry, Gisleson Palmer, and Jackie Clarkson were represented.
The Projects counsel from the Louisiana State Bar, the Louisiana Public Defender
Board, the Deputy Mayor of Public Safety, State Representative Arnold, and the
DAs Office were represented as well. Non-Profit organizations like Puentes New
Orleans, VERA, and WWAV, were also in attendance. The agenda for this luncheon can
be seen in Appendix J.
The pilot program was designed to serve up to 50 arrestees and the NOTF allocated funds to
offset the cost of drug testing, and applied for additional technical assistance to
improve the client data tracking systems for the pilot and the original Track 2
program. The NOTF eliminated the need for extensive treatment options by
negotiating with the DAs Office to extend programming for those arrested for
crimes other than drug-related offenses.

To direct people to the new diversion program, the NOTF partnered with First
Appearances for pre-trial screening. They were able to recommend each
arrestee for the program to the Magistrate Court Commissioner, who orders the
next step of the referral. The NOTF then focused on monitoring the progress of
the pilot program.
Referrals to the program came from New Orleans Pretrial Services, the
Magistrate commissioners, or the DAs Office, so the focus of the NOTFs
outreach campaigns was directed toward community members interested in
criminal justice reform and arrestees potentially eligible for the program. The
NOTF worked to improve awareness about the availability of the diversion
program for all eligible arrestees by working with the DAs Office to create
English and Spanish language brochures explaining the diversion programs,
both the new Diversion Track 1 program and the pre-existing Diversion
Treatment Program, so that eligible participants could make informed decisions
about whether to enroll. The English version of the Track 1 Diversion Brochure
can be found in Appendix Z. Informational flyers were printed and then
distributed via the NOTF community partners.
CROSSROADS DIVERSION
Following initial observations of success with the Track 1 diversion program, the
NOTF began to consider the creation of a separate diversion program for sex
workers in order to reduce the number of prosecutions for prostitution and divert
at-risk sex workers to counseling and treatment. The NOTF promulgated
proposed guidelines and requirements for the program, and began to assess
interest by various stakeholders. After agreeing about the conditions of a
possible program, the NOTF and the DAs Office signed a Memorandum of
Understanding. This MOU can be seen in Appendix FF. The program was
formally launched on July 23rd 2014 at a luncheon at the Louisiana State Bar
Association. See Appendix R for the invite letter.
Every person arrested for prostitution and brought to Municipal Court first
appearance/arraignment is to be screened for eligibility for the duration of the
pilot. An administrative assistant from the public defenders office reviewed the
courts daily docket to see whether anyone had been arrested for prostitution. If
someone was on the docket with a prostitution arrest, the Crossroads screener
from the Public Defenders Office was notified. The screener then met with the
arrestee to determine eligibility. If eligible, the screener notified the public
defender, assistant district attorney, and the court. On June 2, 2014, the
program engaged their first participant in the Crossroads Diversion program and
created brochures to inform other possible participants. The program is
continuing its intake into the program with over 63 current graduates. Many
women have continued to remain in contact with the program in order to
continue to receive support and network with other participants. The Crosswords
Diversion Pilot Program concluded in May 2015, however project efforts have
extended past the pilot end date. See Appendix KK for more information on
the NOTFs Crossroads Diversion plan.

EDUCATION
The NOTF members and other stakeholders participated in a variety of
events/conferences in preparation for reform implementation and research.
Some members of the NOTF attended the National Association of Pretrial
Services Agencies (NAPSA) convention in October of 2011. Those
representatives were Judge White of the Criminal District Court, Andree Mattix
and Leon Cannizzaro of the DAs Office, and Michael Bradley of OPD. Other
members of the NOTF visited Baltimore, Maryland to tour the successful Early
Resolution Prostitution Court with Robert Weisengoff. NOTF members that made
this trip were Deon Haywood of WWAV, Catherine Broussard of Orleans
Municipal Court, and Rosana Cruze of VOTE. Members of the NOTF presented on
the progress of Diversion Track 1 at the National Pretrial Diversion Symposium.
The presentation given can be seen in Appendix E. In addition, members of the
NOTF had a site visit with the CCI and Queens Community Court in 2014. These
visits specifically helped to define what success in developing a prostitution
diversion program would look like and what kind of support is needed.
In March 2014, the NOTF went to New York for a site visit with the Center for
Court Innovation (CCI) and Midtown Community Court, agencies involved in
consulting on and implementing novel diversion programs in New York City.
During the visit, task force members met face-to-face with the director of the
program, case managers who directly work with diversion participants,
community partners who provide health, educational, employment and
counseling services, prosecutors and public defenders who support the program
through referrals, and judges who oversee the participants compliance. The
NOTF acquainted themselves with the CCI's community court model and
received assistance in planning the Crossroads Diversion Program. See
Appendix O for the Statement of Work for this visit. In May 2014, in preparation
for the Crossroads Diversion program, members of the NOTF attended a Trauma
Awareness Training conducted by the Regional Training Institute.

BUDGET INFORMATION

Crossroads Diversion 2013:

Source
Date
Bureau of Justice Assistance
October 2010
Bureau of Justice Assistance
July 2013
ABA Enterprise Fund
November 2014
Public Welfare Foundation
Bureau of Justice Assistance
ABA Enterprise Fund
April 2015
Bureau of Justice Assistance
See Appendices B, C, N, T and V for grant contracts.

Amount
$24,000
$24,000
$20,850

$11,000

RESULTS
EVALUATION METHODS
TRACK 1
Sample:
As of July 20, 2015 there were 54 active participants in the Track 1 program. Of these participants,
48 are people of color. The table below shows the racial composition of the current Track 1
Diversion program.
Male
Female
Total

White

Black

Hispanic

Asian

Bi-Racial

6
1
7

32
13
45

0
1
1

1
0
1

1
0
1

Additionally, as of July 20, 2015 Track 1 has had 154 program participants. The table below shows
the racial breakdown of this group.
Male
Female
Total14

White

Black

Hispanic

Asian

Bi-Racial

18
10
28

82
40
122

1
1
2

2
1
3

0
0
0

In order to assess if Track 1 was successful in diverting those who would have before not
completed diversion. the first sixty Track 1 participants were tracked. 60 Track 2 participants, all
of whom were diversion clients between the dates of July 1, 2012 and April 30, 2013, were also
tracked.15 The 60 intervention group members comprised the entire universe of members of the
Track 1 program.
Due to the low number of non-white/non-Black participants, sample group members from other
racial/ethnic groups were omitted in both Track 1 and Track 2 analyses. Three Hispanic/Latino(a)
14 One participant self-identifies as biracial, however his official paperwork identifies him as white. As a
result, this individual is counted in two categories.
15 This date range represents the time during which Track 1 was accepting participants.

participants were deleted from the Track 2 analysis (yielding a final sample size of 57), and two
participants from Track 1 (one of Chinese background, and one labeled other) were eliminated.
Thus, total sample size was 115: 58 from Track 1 and 57 from Track 2.
In general, the two groups had several differences and served distinct groups. Track 1 served
significantly more Blacks than did Track 2. Further, Track 1 participants were significantly less
likely to have had prior arrests than did those in Track 2. Neither samples included individuals
arrested for sex offenses. Please see Table 1 for additional detail.
Table 1. Sample characteristics by Track.
Track 2
N
(%)

Total
N (%)

Gender

Track 1
N
(%)

Male

34 (59%)

42 (74%)

76 (66%)

Female

24 (41%)

15 (26%)

39 (34%)

Black

50 (86%)

33 (58%)

83 (72%)

White

8 (14%)

24 (42%)

32 (28%)

Yes

Track 1
N
(%)
41 (71%)

Track 2
N
(%)
20 (35%)

Total
N
(%)
61 (53%)

No

10 (17%)

29 (51%)

39 (34%)

Missing

7 (12%)

8 (14%)

15 (13%)

Zero

11 (18%)

4 (7%)

15 (13%)

One

38 (66%)

41 (72%)

79 (68%)

Two

9 (16%)

6 (10%)

15 (13%)

Three

2 (4%)

2 (2%)

Four

1 (2%)

1 (1%)

Missing

3 (5%)

3(3%)

Open

29 (51%)

40 (76%)

69 (63%)

Closed

28 (49%)

13 (24%)

53 (38%)

Race *

First Arrest**

Prior Arrest Count

Status of Case at Analysis Phase

* Track 1 participants were more likely to be Black than were Track 2 participants (p=.001)
** Track 1 participants were significantly more likely to have no prior arrest compared to Track 2 participants (p <
.000).

There was also a significant difference between Track 1 and Track 2 participants in the number of
weekly and monthly obligations that were expected. Track 1 had significantly more weekly
obligations, while Track 2 had significantly more monthly obligations. Overall, Track 2 had
significantly more obligations than did Track 1.16 The high number of Track 2 obligations was
previously a barrier, however, Track 1s lessened burden allowed for more participants in
diversion programs.
Obligations included, but were not limited to the following activities:
Attending educational programs;
Paying restitution;
Completing community service requirements; and
Attending treatment services.
Table 2. Number of weekly and monthly obligations by Track.

Weekly
Obligations
*
Monthly
Obligations
**

Track 1
Range

Mean

Track 2
Range

Mean

Total
Range

Mean

4-166

20.8

0-117

51.2

0-166

35.49

0-5

.6

0-96

5.0

0-96

2.67

*Total weekly obligations were significantly higher for Track 1 participants than for Track 2 participants (p<.000).
**Total monthly obligations were significantly higher for Track 2 participants than for Track 1 participants ( p =
.006)

Procedures:
Diversion staff tracked multiple variables for both Track 1 and Track 2 participants. Those variables
include:
1) Number of eligible participants;
2) Number of actual participants;
3) Number of participants who successfully completed the program;
4) Number of participants who failed to complete the program;
5) Participants charge(s);
6) Participants gender and race;
7) Participants criminal histories, including convictions and arrests;
8) Participants compliance with drug testing;
9) Participants compliance with weekly and monthly check-ins;
10) For those participants who successfully completed the program, length of time it took
them to complete program requirements (e.g., community service, enrollment in a GED
program, and/or maintenance in employment) is tracked; and
11) For those participants who failed the program, reason(s) for non-completion.
16 This is probably an artifact of the longer duration of the Track 2 program.

These variables were collected both manually and electronically. All data were entered into a
statistical analysis program, regardless of the method of data collection. Staff at the Orleans Parish
District Attorneys Office collected data on a regular basis. This data was entered into several
databases, which were merged to create one large statistical database for analysis. Following are the
results of those analyses. Program participants were also interviewed to gain their perception of
diversion.
The interview protocol can be seen in Appendix LL.
CROSSROADS DIVERSION
The Crossroads Diversion Programs pilot concluded in May 2015. An in-house evaluation of the
pilot is in progress and will conclude shortly.

DATA
TRACK 1
Of the 154 past participants of the program, 55 had their case returned for prosecution. 26
participants were moved to Track 2 in order to receive additional treatment services. Lastly, 62
individuals successfully completed the program.
The table below shows the racial composition of the 62 successful participants
Male
Female
Total

white
7
3
10

Black
35
15
50

Asian
1
1
2

The table below shows the racial composition of the 55 participants that were returned for
prosecution.
Male
Female
Total

white
7
0
7

Black
32
12
44

Hispanic
1
3
4

The primary reason participants fail out of Track 1 is for failing to maintain contact with the
program. When removing the participants that were flagged and moved to Track 2 to receive
additional treatment services, the sample size becomes 117 and Track 1 has a 52% success rate.
Participant Interviews
In general, participants stated that diversion was a benefit to them personally and to the
outcome of their case. Further, even if the program had been more stringent, requiring
additional activity, the majority of interviewees would have chosen to participate in the
diversion program.

Table 5. Results of participant interviews.

Survey question
Yes
No
If the Diversion Program was 2 years long in length, would
you still have chosen to participate in the Program?
If the Diversion Program required you to attend weekly
offce visits for the first 3 months of the Program, would
you still have chosen to participate in the Program?
If the Diversion Program required you to drug test weekly for
the first 3 months of the
Program, would you still have chosen to participate in the
Program?
If the Diversion Program required individual and group
counseling, would you still have chosen to participate in the
Program?
Do you believe the outcome of your case is better of because
you were offered
Diversion?

10

11

11

11

11

12

Do you believe your experiences in the Diversion Program have

been and will continue to be helpful to you?

Interviewees were also asked to provide explanations for why they believed that the diversion
program was a benefit to them. Several respondents stated that they liked their social worker and
felt they had a good relationship with them. Unsurprisingly, others appreciated the opportunity to
participate in the program instead of serving a jail sentence.
Please see Appendix MM for a list of all narrative comments to the diversion participant survey.
The full evaluation report for Track 1 can be seen in Appendix K

CROSSROADS DIVERSION
Over 50% of participants have already successfully graduated from the program and another 25% are
on route to completion. Many of the Crossroads graduates have continued a relationship with Women
with A Vision (WWAV). In other words, they are continuing to maintain contact with their case
managers at WWAV and continuing to attend different sessions, without any obligation to do so. The
NOTF hopes to increase the number of women returning to WWAV upon graduation for continued
support and services as the pilot program continues. The number of individuals arrested for prostitution
is contingent on the activities of the New Orleans Police Department. The number of individuals
arrested for prostitution has varied month to month. For example, in June and July of last yearthe
first two months of the pilotthe Pilot had a total of 24 women who qualified and participated (12
women for June and 12 for July). This past November and December, the NOTF only enrolled two
women for those two months. Arrest patterns for prostitution are dependent on weather, NOPD
priorities, and what tourism-generating activity (i.e. Super Bowl, Mardi Gras) is occurring in New
Orleans.
While evaluation efforts are ongoing, the below tables provide a snapshot of the raw data for the
Crossroads Diversion Program;
Participant Data (June 1, 2014 April 15, 2015)
A. Number of Arrestees for prostitution in Municipal
Court
B. Number of Individuals Eligible and Screened for Cross
Roads in Court
C. Number of Individuals Screened at WWAV for Intake
D. Number of Individuals Failing to Appear at WWAV for
Initial Intake
E. Number of Individuals Arrested Prior to June 1, 2014
for Prostitution Who Participated in Cross Roads
F. Total Number of Participants of Cross Roads
G. Number of Successful Graduates
H. Number of Current Participants
I. Number of Cross Roads Participants Failing to Appear
Following Initial Intake at WWAV
J. Number of Participants Returning to WWAV for
Continued and Additional Services After Graduation
K. Total Number of Screened and Eligible Individuals
Receiving Capias for Failure to Participate

Non-Participant Data (June 1, 2014 April 15, 2015)

L. Number of Arrestees for prostitution in Municipal
Court
M. Number of Individuals Eligible But Was Not Screened

122
43
36
7 (16%)
20
56
39 (81%)
8
11 (17.8%)
19 (48% of graduates to date)
17 (27%)
4 rearrested
13 still out on capias
122
17 (28%)

ABA CRIMINAL JUSTICE SECTION

RACIAL JUSTICE IMPROVEMENT PROJECT

30

in Court
N. Number of Individuals Not Eligible for the Program
O. Reasons for Ineligibility:
No local address
Nolle prosequi
Parole/Probation hold/violation
Other pending cases
Solicitation of prostitution
Out of state warrant
Violent priors
Chose not to participate
Incompetent
P. Case Resolutions for Individuals Who Were Eligible
But Were Not Screened:
Nolle prosequi
Inactive probation with Fines/Fees
Credit for time served
Jail sentence

62 (51%)
32 (53%)
2
5
5
5
3
7
1
1

6
6 (average fine $ 381.00)
3
3 (average time 47 days)

See Appendix W for the most recent pilot program stats.

PROJECT SUMMARY
TRACK 1
The NOTF and the District Attorneys Office have enhanced and expanded the existing District
Attorneys Diversion Program by working with the key stakeholders to implement a targeted, more rapid
diversionary option for offenders charged with low-level property crimes. Diversion has been offered as
an alternative to traditional criminal adjudication by the DAs office since 1992. Diversionary
programs alleviate the burdens on prosecutors, public defenders, the courts, and
the sheriffs while providing immediate, tangible benefits for arrestees otherwise
facing prosecution and possible incarceration or criminal probation. In addition,
diversion programs can reduce the likelihood of further arrests for participants
through appropriate intervention based on thorough assessments of needs.
Diversion in New Orleans operated with different requirements over the years. With the input and
assistance of the Racial Justice Improvement Program, the DA is now able to offer a less burdensome
program, known as Track 1, while continuing to offer the program in place since 2008, now known as
Track 2.
The Track 1 diversion program diminishes the obstacles to completion of the traditional diversion
program for low-risk offenders through shorter program length, less punitive accountability, expanded
eligible offenses, and less rigorous check-in requirements. By expanding the alternatives of the diversion
program, the NOTF intended to provide more opportunities for people of color, who are
disproportionately represented in the criminal justice system, to avoid the life-altering first felony
conviction.
ABA CRIMINAL JUSTICE SECTION
RACIAL JUSTICE IMPROVEMENT PROJECT

31

Initial data found that Track 1 was able to serve 86% Black arrestees. The other diversion program,
Track 2, served 52% Black arrestees. The addition of Track 1 as a diversionary alternative to
incarceration led to a significant increase in the number of diverted individuals in New Orleans through
expanded and alternative eligibility for those with needs different than those that Track 2 addressed. It is
worth mentioning that of the new Track 1 participants, 86% were Black and 31% were female. Such
data is a clear indication of NOTF progress in addressing racial disparity. See the evaluation and data
break down in Appendix KK.
To continue with the successes and address the issue of participants losing contact with the program, the
primary cause for lack of diversion success, case management is an essential component that should be
thoroughly assessed and included. Case management can be defined as a collaborative process of
assessment, planning, facilitation, care coordination, evaluation, and advocacy for options and services
to meet an individual's and family's comprehensive needs through communication and available
resources to promote positive outcomes. In the context of diversion, case management can take many
forms and can ensure participants both initiate and complete the process, while also assessing factors
that may have caused the need for diversion in the first place. Successful incorporation may drastically
increase diversion success rates and mitigate factors that may leave people of color at a disadvantage
when it comes to diversion opportunities, such as lack of support. While Track 1 was able to show
progress in addressing racial disparities in New Orleans, the addition of case management services
would create an environment to foster the short and long-term success of participants.
DIVERSION EXPANSION
Prior to and during their initial work with RJIP, the Orleans Parish District Attorneys Office had no
intentions to add or alter diversion programs in Orleans Parish. Following the work with the NOTF, they
initiated the Track 1 Diversion Program in order to supplement the pre-existing Track 2 Diversion
Program. However, following the implementation of the Track 1 Diversion Program, three new
diversion programs were initiated: Crossroads Diversion; Adult Diversion Post Plea; and Adult
Misdemeanor Diversion.
The Adult Misdemeanor Diversion Program supplements the existing Track 1 and Track 2 Diversion
Programs, in addition to Crossroads Diversion, targeting those charged with: possession of marijuana
(first offense); possession of paraphernalia; simple battery; criminal damage; assault; criminal mischief;
criminal trespass; theft; shoplifting; possession of stolen property; gambling; or disturbing the peace
(non-domestic violence). In addition to one of the above charges, the victim of the crime must approve
of participation, the individual must not have more than one non-violent felony conviction, must not
have more than two non-violent misdemeanor convictions, and must not have been arrested for a crime
of violence in the past five years.
The Adult Misdemeanor Diversion Program should take participants 3-12 months for completion and
has numerous requirements, though arguably less stringent than those of the other diversion programs
offered by the Orleans Parish District Attorney.17 Participants must complete weekly drug testing for the
first eight weeks, followed by random drug testing for the duration of their participation. In addition,
weekly in-person check-ins are required for the first four weeks of participation. Finally, participants
17 Participants with any prior misdemeanor or felony convictions must stay in the program for a minimum of 912 months.
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must complete forty hours of community service with a designated community organization, enroll in
and maintain attendance in a GED program, or maintain employment. Upon successful completion of all
program requirements, including sixty days of negative drug screens, enrollment in an academic or
vocational program or gainful, consistent employment, attendance at all appointments, maintenance of
stable living arrangements, payment of the program fee and any restitution associated with the charges,
and meeting all treatment goals set, the case will be dismissed and the participant will be eligible to
apply for expungement of their relevant arrest. See Appendix BB for the Client Manual.
The Adult Diversion Post Plea Program differs from Track 1, Track 2, and the Adult Misdemeanor
Diversion Program in that individuals must first enter a guilty plea for their charges, broadening the
range of eligible participants for diversion programs in the city. The sentencing for these charges is
deferred and will not occur unless the participant fails to comply with program requirements, fails to
successfully complete the program, or withdraws from the program. In order to successfully complete
the program, participants must comply with numerous requirements for the 24-month program period:
remain drug and alcohol free, shown through at least 90 days of negative drug screens; be enrolled in an
academic or vocational program or obtain gainful and consistent employment; maintain attendance at all
treatment, office, and other appointments required by the Diversion Counselor; maintain a stable living
arrangement; pay the $200 program fee and/or any restitution associated with the case; meet all
treatment goals set in treatment plan; complete a final drug test and final visit, including an exit
interview. Upon completion of the program, individuals may be permitted to withdraw their guilty plea
and the case may be dismissed. In the event that a participant fails to comply with the program
requirements, including testing positive for drugs, a Diversion Counselor may order an increase in
reporting to the Diversion Counselor, increased drug testing, implementation or alteration of a curfew,
community service hours, alteration in treatment schedule, extension of program length, and/or returning
of the case for prosecution by the District Attorney. See Appendix DD for the Client Manual.
This program is beneficial to the community because it, like the three other diversion programs in
Orleans Parish, allows individuals an opportunity for rehabilitation and meaningful change in their life.
In addition, due to the fact that participants are all facing felony charges, this program allows highly
motivated individuals an opportunity to potentially avoid the negative consequences of felony
convictions, such as inability to obtain a professional license, ineligibility for public housing or student
financial aid, and difficulty obtaining employment.
By offering two additional diversion programs, Orleans Parish is not only recognizing the impact that
diversion programs can have on both communities and individuals, but they are showing that RJIP
efforts can spark reform beyond the scope of the task forces initial work. Despite early apprehension
and resistance by the District Attorneys Office, the new programs were developed freely and
unsolicited. Enthusiasm for reform and willingness to continue and expand the work is likely to be an
essential factor in the successful implementation of long-term racial justice reform.
CROSSROADS DIVERSION
The task force has worked with the District Attorneys Office and Orleans Parish Municipal Court to
introduce a prostitution diversion program. Through their previous work with RJIP, the NOTF identified
diversionary programming as an area that can provide immediate and measurable benefits to the current
criminal justice system in New Orleans, while having a profound racial impact by ensuring more people
of color are diverted out of the system. The NOTF has created a successful prostitution diversion
program that provides meaningful counseling and rehabilitative services to program participants. The
ultimate goal of that program, known as the Crossroads Diversion Program, in partnership with the local
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non-profit, WWAV, is to provide alternatives to incarceration that can break the cycle of incarceration
for sex-workers in New Orleans, while simultaneously easing the burgeoning caseloads of the courts and
jails by reducing the number of prosecutions for prostitution, instead diverting at-risk sex workers to
counseling and treatment through WWAV.

THE NOTF INTENDS

TO MEASURE THE SUCCESS OF THE INITIATIVE THROUGH :

(1) VOLUNTARY

CONTINUED PARTICIPATION IN THE PROGRAM EVEN AFTER THEY HAVE GRADUATED FROM THE
PROGRAM;

(2) WHETHER PARTICIPANTS WERE ABLE TO COMPLETE

THE PROGRAM WITHOUT

SANCTIONS SUCH AS ADDITION OR EXTENSION OF REQUIREMENTS AND SESSIONS DUE TO FAILURE TO

APPEAR FOR APPOINTMENTS AND REFERRALS ;
REARRESTED

(3) RATE IN WHICH SUCCESSFUL PARTICIPANTS ARE

6-12 MONTHS AFTER COMPLETING THE PROGRAM COMPARED TO THE RATE IN WHICH

PARTICIPANTS WHO EITHER DECLINED PARTICIPATION OR FAILED TO COMPLETE THE PROGRAM ARE

6-12 MONTHS AFTER THEY DECLINED PARTICIPATION OR FAILED OUT OF THE PROGRAM.
THE PILOT OF THE PROGRAM CONCLUDED IN MAY 2015 AND EVALUATION EFFORTS ARE IN
PROGRESS .

REARRESTED

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