Maryland drug diversion programs offer alternatives to incarceration for individuals facing criminal charges due to substance use disorders. These programs are designed to provide treatment and support instead of traditional criminal penalties.

When are drug diversions available to offenders in Maryland?

There are some circumstances under which drug diversion programs may be considered as alternatives to incarceration in Maryland. Here are some considerations that are made:

• Nature of the offense: Drug diversion programs are typically available for non-violent drug offenders facing charges like possession or minor drug distribution and no evidence of violent behavior.
• Drug court programs: Maryland has drug treatment courts that provide supervised treatment programs. To be eligible for these programs, the individual’s criminal behavior typically must be motivated by drug addiction.
• First-time offenders: Drug diversion programs aim to prevent further criminal behavior by addressing the underlying issues related to substance abuse. As a result, first-time offenders or individuals with a minimal criminal history are more likely to be considered for them.
• Willingness to undergo treatment: Candidates must be willing to comply with treatment and supervision requirements including regular drug testing, court appearances, and participation in treatment sessions.
• Legal eligibility: Specific legal criteria must be met, which can vary by jurisdiction within Maryland. Eligibility often involves assessments by legal and medical professionals to determine the suitability of a diversion program for the individual’s circumstances.
• Prosecutorial and judicial discretion: The decision to divert a case to a drug treatment program often involves discretion by prosecutors and judges, based on the facts of the case and the defendant’s background.

Diversion programs’ main goals are to rehabilitate participants, reduce the likelihood of reoffending, and alleviate the burden on the criminal justice system.

Diversion Programs in Maryland

There is no statewide drug diversion program in Maryland. Instead, each program varies from county to county. Here are some examples:

Calvert County

Calvert County’s Court Diversion Program gives young, first-time offenders the opportunity to avoid a criminal record by successfully completing a 6-week course through the Calvert County Health Department – Behavioral Health. The program accepts people aged 18-25 with no prior adult criminal record who are charged with relatively minor offenses in the District Court. People charged with violent crimes, DUI, firearms offenses, and domestic-related crimes are not eligible for diversion.

The charges of those eligible for the program will be placed on the inactive docket. Upon successful program completion, participants can have their charges dismissed and records expunged. Candidates who do not finish the program will have their charges restored for prosecution.  The program is voluntary and requires a fee of $175.

Prince George’s County

The New Direction Youth Diversion Program in Prince George’s County is designed for juveniles facing charges that might lead to severe legal consequences in the juvenile justice system. This 90-day program is part of the broader efforts by the county’s Problem Solving Courts to address the underlying issues that contribute to criminal behavior, focusing particularly on young offenders. Here are the primary offerings and objectives of the program:

• Rehabilitation and support: The program aims to provide targeted interventions to help rehabilitate the youth. Offerings include counseling, substance abuse treatment, mental health services, and other support mechanisms designed to address the root causes of the juvenile’s behavior.
• Education: Participants are often required to engage in educational programs, including  GED preparation, literacy programs, or other educational services to improve their life skills and job prospects.
• Community service: The program may include a community service component, encouraging participants to engage positively with their community and contribute meaningfully.
• Restorative justice practices: These practices focus on the harm caused by criminal behavior, seeking to repair that harm and reintegrate the offender back into the community. If applicable, this could involve mediation sessions between the victim and the offender.
• Monitoring and supervision: Participants are generally monitored through regular check-ins with program officials to ensure compliance with the program’s requirements and support the juvenile’s journey toward more positive behavior.
• Family involvement: The program recognizes the important role of family, often involves family members in counseling sessions, and offers resources to support family dynamics and parenting skills.

Eligible juveniles who participate in the New Direction Youth Diversion Program are allowed to accept the consequences of their actions, make positive changes, and avoid future offenses by addressing the challenges they face.

Do drug diversion programs work?

Research generally supports the effectiveness of drug diversion programs, particularly in reducing recidivism and improving the outcomes for individuals with substance use disorders. Positive results suggest that these programs can be a valuable tool in the criminal justice system. Here are some of the benefits of drug diversion programs:

• Lower recidivism: Studies have found that participants in drug diversion programs are less likely to re-offend compared to those who go through the traditional criminal justice process. This is largely due to the focus on treatment and rehabilitation.
• Treatment of substance abuse: Diversion programs prioritize addiction treatment, which is often a root cause of criminal behavior. Effective treatment can lead to better long-term outcomes for participants.
• Cost-effectiveness: Diversion programs can be more cost-effective than incarceration by reducing the burden on the prison system and associated costs.
• Improvement in quality of life: Participants often experience improvements in their personal lives, including better family relationships, improved employment prospects, and greater stability.
• Reduced stigma: Avoiding incarceration may reduce social stigma and make it easier for individuals to reintegrate into society.

While not perfect, drug diversion programs offer a promising alternative to traditional incarceration for individuals whose criminal behavior is intertwined with substance abuse issues.

From minor possession to trafficking and distribution, Carey Law Office represents clients facing a wide range of drug-related charges. Our attorneys will help you find the help you need, including diversion programs, if applicable, while we work on the best defense strategies for your case. Call or fill out our contact form to schedule a consultation today.