Implementation of a prosecutor-led substance use diversion program in New Jersey

In response to the large number of people who use substances involved in the criminal legal system, various diversion programs have been introduced as an alternative to standard legal proceedings and sanctions. Drug courts operating at trial courts are perhaps the best known example, but other formats have emerged. Opt for Help and Hope is a prosecutor-led diversion program operating at six municipal courts in New Jersey. This study set out to evaluate the implementation of Opt for Help and Hope as a program operating in the novel context of municipal courts.

This cross-sectional study drew on semi-structured interviews with participants in two stakeholder groups in the six participating NJ municipalities: (1) professional stakeholders (n = 41), consisting of prosecutors, municipal judges, peer specialist providers, and public defenders, and (2) defendants who had completed the Opt for Help and Hope program (n = 7). Analyses used a hybrid inductive-deductive approach to code and thematically analyze interview transcripts.

All program sites followed key elements developed by New Jersey Office of the Attorney General, although some components of program design, such as division of responsibilities between the county and municipal prosecutors, differed to fit local contexts. There was a universally positive view of the program and its objectives across sites and professional stakeholder categories. Interviewees from four sites expressed satisfaction with the program's results, while the remaining two sites reported lower-than-expected numbers of participants and successful completers. Buy-in from implementing stakeholders and interest in participating among eligible defendants were seen as key factors for program success. Lessons during implementation included the need to ensure sufficient administrative capacity, to think through key parameters such as eligibility criteria and definition of compliance, and to pay attention to the potentially conflicting role and responsibilities of peer specialists working with program participants and reporting to the courts.

Municipal courts offer a feasible diversion opportunity away from the criminal legal system. Ensuring adequate administrative capacity for program implementation, and sufficient education and support for service providers facing the problem of conflicting duties towards both participants and the court are key implementation considerations.