What Is Prearrest Diversion?
Pre-arrest diversion occurs when officers, often in collaboration with behavioral health partners or social workers, refer individuals to community-based services instead of arresting or issuing criminal charges. This differs from post-arrest or court-based diversion, which intervenes only after a person has entered the justice system. By diverting individuals earlier, at the point of initial encounter, agencies can avoid the adverse effects of arrest and prosecution, promoting better long-term outcomes.
Diversion decisions typically occur on the scene, guided by clear criteria and supported by real-time collaboration between law enforcement and clinicians. The goal is to resolve the immediate situation safely while also addressing the underlying needs that contribute to repeated law enforcement contact.
Why Prearrest Diversion Matters
1. Reducing Recidivism and Crisis Cycles
Many individuals who encounter police officers during crises have unaddressed mental health needs, substance use disorders, or unmet social needs. Traditional enforcement responses, such as arrest, incarceration, or EMS transport, rarely address these root causes. Pre-arrest diversion helps connect people with treatment, housing support, or case management before criminal charges are filed, breaking the cycle of crisis and recidivism.
2. Enhancing Officer Efficiency and Safety
When officers have diversion options readily available, they can resolve complex calls more efficiently and safely. Instead of spending hours processing arrests or waiting at a hospital, officers can hand over individuals to behavioral health professionals who can continue their care. This not only saves time but also reduces the stress of responding to repeated crises involving the same individuals.
3. Building Community Trust
Public confidence in law enforcement grows when communities view officers as partners in problem-solving rather than those who decide who goes to jail. Pre-arrest diversion demonstrates the values of compassion, accountability, and innovation that strengthen police and community relations. In communities where mental health calls have historically led to adverse outcomes, diversion shows a clear commitment to doing things differently.
4. Economic and Systemic Benefits
Jail bookings, emergency department visits, and court proceedings are costly and require a significant amount of resources. Studies have shown that diversion programs save jurisdictions significant funds by reducing jail stays, hospital admissions, and court caseloads. These savings can be reinvested in preventive services, supporting the long-term sustainability of programs and creating a positive feedback loop of better outcomes and lower costs.
The Role of Co-response Teams
Co-response programs provide the structure necessary for pre-arrest diversion to succeed. By pairing law enforcement officers with social workers, clinicians, or peer specialists, these teams provide a safe and expert response to challenging situations.
The behavioral health partner assesses the individual’s needs, coordinates services, and documents referrals, while the officer ensures scene safety and provides legal discretion. This shared responsibility model enables officers to make informed decisions supported by clinical guidance.
For example, an officer responding to a welfare check might encounter a person in a mental health crisis. Instead of initiating an arrest for disorderly conduct, the co-responder could engage the individual, de-escalate the situation, and arrange for voluntary transport to a crisis stabilization unit. The officer’s report then reflects a diversion rather than a criminal offense, an outcome that benefits both the individual and the community.
Key Components of Effective Pre-arrest Diversion
1. Clear Policies and Decision-Making Frameworks
Officers need guidelines for when and how to divert. Policies and procedures should outline eligibility criteria (such as non-violent offenses and behavioral health indicators) and provide discretion for officers to use diversion when appropriate.
2. Strong Community Partnerships
Diversion only works if there are reliable places to which people can be diverted. Partnerships with crisis centers, treatment providers, social service agencies, and other community partners ensure that individuals receive timely and coordinated support.
3. Data Collection and Evaluation
Tracking diversion outcomes such as arrest reductions, improved access to services, or decreases in repeat calls can demonstrate program impact and help shape future improvements.
4. Training and Cultural Alignment
Officers must understand the concepts and practical benefits of diversion. Ongoing training in de-escalation, mental health awareness, and respectful engagement reinforces the belief that diversion helps prioritize safety and reduce liability without being soft on crime.
5. Leadership Support and Sustainability
Agency leaders set the tone. When chiefs, command staff, and elected officials support diversion programs, they gain legitimacy and stability. Leadership support also encourages officers to implement innovative strategies confidently.
Addressing Common Concerns
Critics sometimes worry that diversion undermines accountability or public safety. However, evidence has shown that individuals diverted before arrest are less likely to reoffend and more likely to engage in treatment than those who are prosecuted. Pre-arrest diversion does not excuse criminal behavior; instead, it focuses on accountability to support rehabilitation and reduce harm, rather than punishing individuals.
Others raise concerns about liability or inconsistent application. These challenges can be addressed through careful policy design, officer training, and interagency agreements that define roles and responsibilities. Structured diversion can reduce liability by minimizing use-of-force incidents and wrongful arrest claims tied to behavioral health crises.
A Model for Modern Policing
The shift toward pre-arrest diversion reflects an evolution in policing philosophy. Modern law enforcement is expected not only to enforce laws but also to collaborate across systems to address the social service aspect of public safety. Diversion, especially when embedded in co-response teams, can help bridge the gap between enforcement and care.
Agencies that adopt this model are seeing measurable results, including fewer jail bookings, reduced officer time spent on repeat calls, and improved outcomes for individuals with behavioral health needs. More importantly, they are demonstrating that compassion and accountability can coexist within a single response model.
Conclusion
Pre-arrest diversion in co-response programs represents a strategic, evidence-informed step toward a smarter, safer, and more compassionate approach to public safety. By empowering officers to connect people to help instead of handcuffs, departments can reduce recidivism, enhance trust, and strengthen community wellbeing.
As behavioral health challenges continue to strain law enforcement and healthcare systems alike, diversion offers a path forward, one that aligns public safety with public health. It has been said, “We can’t arrest our way out of crisis.” Pre-arrest diversion gives us a better option moving forward.
