Diversion

The OPDA’s Diversion program enables qualifying, non-violent offenders the opportunity to avoid prosecution and conviction by completing a program tailored to individual needs, including educational programming, job skills training and substance-abuse counseling. Our program is one of the largest of its kind in Louisiana, helping clients ranging from misdemeanor arrestees to those charged with non-violent felony offenses. There is no longer an OPDA Diversion program for DWI or traffic offenders, as those cases primarily are prosecuted by New Orleans city attorneys at the Orleans Parish Traffic Court.

Counselors who work with Diversion clients in both one-on-one and group settings are required to have a master’s degree-level education in either social work or counseling. Interns assisting with the program are graduate students working toward their master’s degrees. The work of this robust program lessens the number of people tainted by a criminal record, reduces the number of criminal defendants incarcerated in the parish jail, and contributes to a safer, stronger and healthier New Orleans.

Under DA Leon Cannizzaro’s leadership since 2009, the suggested fee for participants has been reduced from $1,000 to around $200 in many cases, an amount that offsets only a fraction of the program’s costs. Plans to expand the Felony Diversion Program to include a new level for higher-risk defendants had to be placed on hold after the New Orleans City Council reduced the OPDA operating budget by $600,000 for 2017 and 2018.

The Felony Diversion Program operates on three tracks:

• Track 1 is mostly for property crime offenders who have little or no history of drug offenses and who tested clean for prohibited substances
• Track 2 is for mostly substance-related offenders. If they qualify and agree to participate in a program that generally runs 18-24 months, they can be offered diversion at arraignment. The DA’s office generally enters a nolle prosequi decision dismissing their case, while reserving the right to reinstate the charge(s) if the participant fails to complete the program.
• Track 3 is a post-plea program for higher-risk offenders. These defendants are required to plead guilty to their charges but are not sentenced. If they successfully complete their Diversion Program requirements, they are permitted to withdraw their guilty plea and have their case dismissed.

How successful is the OPDA’s Diversion Program?

The DA’s office tracks individuals who complete the program for three years to determine adult recidivism rates. The most recent data available is for individuals who graduated from the program between July 1, 2015-June 30, 2018. In that period, 903 participants successfully completed their Diversion programs. Of that group, only 6 were convicted of a new felony offense within three years of graduation (less than 1 percent) and 18 were convicted of a new misdemeanor offense.

For information on OPDA Diversion programs, email Diversion@orleansda.com