Pennsylvania seeks to standardize criminal diversion programs for juveniles

State lawmakers have moved a proposal to standardize and expand programs that divert children to alternatives to the criminal justice system after they’re arrested. Supporters say the approach yields positive outcomes. reported the Pennsylvania Capital-Star. 

House Bill 144 would require counties to offer diversion to minors facing non-violent felony and misdemeanor charges, unless it’s their third or subsequent offense within three or fewer years. 

“Decades of research show us unequivocally that when youth are charged with less serious crimes, they have better outcomes – for public safety and in their lives – when they are diverted from the juvenile justice system,” said sponsor Rep. Rick Krajewski (D-Philadelphia).  

The measure also would prohibit diversion programs from requiring kids to plead guilty or to pay any fees. 

Utah, Washington, Kentucky and South Dakota are among states where standardized requirements for diversion programs have been linked to reduced recidivism and incarceration among children. 

In Pennsylvania, all counties do offer diversion of some kind. And the vast majority of first-time juvenile offenders – more than 80% annually during 2020-24 – in Pennsylvania end up being diverted before their cases are fully adjudicated, according to the state’s Juvenile Court Judges Commission report from 2024.

But some advocates say programs’ setup and utilization rates vary widely across the commonwealth. 

The range was between 2% (Monroe County) and 69% (York County) of young people diverted before formal charges were filed, according to data in a report released by the state’s Juvenile Justice Task Force in 2021. 

“While we acknowledge that there are many local actors who are implementing diversion programs effectively, it cannot be ignored that a lack of guidance from our state statute means that a youth in Lancaster may not have the same opportunity for a second chance as a young person in Philadelphia or even York,” Krajewski said. “As a state legislator, it is my responsibility to ensure that every child, no matter their zip code or county, is given the same fair shot.”

Juvenile Court Judges Commission (JCJC) Executive Director Robert Tomassini raised concerns about relying on that data, which is from 2018, during an informational hearing about the bill earlier this fall.

The commission’s report from 2024 provides more recent statistics. They’re based on allegations rather than individuals.

However, this metric likewise ranges widely among counties between 35% (Monroe) and 96% (Northumberland), according to Children First PA.

Tomassini didn’t respond to requests for comment; JCJC colleagues deferred to him.

The House Children & Youth Committee passed the bill, 21-5, before recessing for the holidays. 

Rep. Scott Barger, who represents parts of Blair and Huntingdon counties, is among Republicans who voted in favor of the bill. He said he’s experienced diversion’s effectiveness firsthand as a vocational minister working alongside faith-based and secular programs. 

“I’ve seen diversion programs kind of intercept some of these kiddos from being treated as though they’ve got no hope for redemption, and bumping them towards a second chance or a different way of looking at life,”  said Barger, adding he does have some concerns about what expanding diversion would cost local governments. 

Research has documented saving money from using diversion short term because the programs cost less than “formally processing youth” – including potential stays in juvenile detention or residential placement. Studies have shown long-term benefits of diversion, including better public safety outcomes and enhanced life prospects compared to formal justice system processing.

Republicans Kate Klunk (York County), Brenda Pugh (Luzerne), Jamie Walsh (Luzerne), Gary Day (Lehigh) and John Schlegel (Lebanon) voted against it.

The measure echoes some of the recommendations from the Juvenile Justice Task Force. Diversion was among main focus areas for the panel, convened in the wake of revelations of abuse at Glen Mills in Delaware County and other residential facilities. 

Since the task force released a report with recommendations four years ago, two laws have since been enacted that explicitly address issues raised, according to Stefanie Arbutina, policy director of Children First PA, which tracks related legislation. 

One requires courts to revisit kids’ cases more frequently (every three months instead of every nine). Another standardizes the expungement process, establishing automatic triggers for courts to clean out minors’ records. 

Both stem from legislation sponsored by state Sen. Lisa Baker, a Republican representing all of Wyoming and Susquehanna counties and parts of Wayne and Luzerne counties. She serves as chair of her chamber’s Judiciary Committee.

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