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This study also found that disproportionately fewer youth of color are completing the
program even though they are referred to the program at higher rates. As continued
disproportionate minority contact (DMC) research points out, higher levels of discretion often
result in higher levels of discrimination (Fabelo et al., 2011). As all human beings are, all service
providers are influenced by their explicit and implicit biases (Staats, Capatosto, Tenney, & Mamo,
2017), including a young person’s race/ethnicity and this certainly influences diversion decisions
(Johnson & Dipietro, 2012; Tapia, 2010). Thus, as Lieber and Stairs (1999) contend,
inconsistencies in the diversion process and discretion allows “for the discriminatory case
processing of non-whites” (p. 56).
Implications and Recommendations
Effective youth diversion is another tool in the toolbox to address the school-to-prison
pipeline and promote smart decarceration. Given the Youth Diversion Program’s success in
preventing contact with the juvenile court, improving decision-making skills and reducing
recidivism, and empowering families there may be value in duplicating the inter-agency
partnership and YDP framework. Collaboration and shared funding, as elements of this program,
are worth further examination and, possibly, replication in other jurisdictions that currently do not
offer pre-arrest diversion options. Do note, however, that in order to safeguard youth from any
possible overreach of school-based diversion programming, a mechanism should also be put into
place to ensure that the diversion program serves youth with the appropriate potential charges
which would benefit from a less intensive approach and adequately assesses those presenting with
emotional and psychological functioning problems which would require more intensive services
(Dembo et al., 2007; Teplin, Abram, McClelland, & Dulcan, 2002).
Another significant consideration in implementing diversion programs is net-widening.
Net-widening occurs when law enforcement and school-resource officers with the legal authority
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