Deferred Prosecution Programs: An Implementation Guide

Deferred prosecution is one prosecutor-led diversion mechanism that has the potential to reduce criminal justice involvement and incarceration rates while maximizing public safety. Although probation and other diversion programs allow individuals to remain in the community while they serve out their sentence, only deferred prosecution programs provide individuals with the opportunity to avoid accruing criminal charges on their record or to have the original charges dismissed (or expunged) after they successfully complete the program. The overarching mission of deferred prosecution programs is to provide individuals with the opportunity to accept responsibility for their actions, engage in behavioral health treatment and human service programs (when needed), and reduce the probability of future criminal offending behavior. This implementation guide was developed specifically for prosecutors and provides step-by-step guidance on how to design, implement, manage, and evaluate a sustainable and evidence-driven deferred prosecution program.