friday.december 14, 1979
daily nebraskan
page 3
Pretrial diversion benefits all participants
By Diane Andersen
The "payoffs" in the Lancaster County Pretrial
Diversion Program go to the offender, his victim and the
Lincoln community, according to program Director Eric
McMasters, 1200 S. 37th St.
The diversion program, founded in 1975 by McMasters,
helps eligible offenders earn dismissal of their charges by
requiring them to participate in rehabilitation programs
and community volunteer work.
The offender benefits by having the charges against
him officially dismissed, McMasters said, although a
criminal record is retained.
The victims of the -crimes benefit, he said, because
offenders must pay damages, called restitution fees, equal
to the losses of their.victims. x
The community benefits because it gets more
volunteers in programs like Planned Parenthood and the
Children's Zoo.
However, for all these benefits to become a reality,
offenders first must be accepted into the program after
being recommended for diversion by the courts.'
"We reject about 20 percent of the people the court
sends us," McMasters said. "But less than 5 percent with,
draw from the program.
"Some people would rather take their chances in
court," he added. '
The Lancaster County program provides that eligible
offenders charged with non-violent offenses, such as
fraud, possession or sale of drugs, or property crimes, can
have their charges dropped in county or district court.
But dismissal is possible only if the offenders are
accepted into the program, located at 2202 S. 11th St.,
and fulfill a goal contract signed by themselves and their
program counselors. .
The contract requires that those charged with mis
demeanors commit no new crimes, pay restitution to their
victims, perform volunteer services and, in some cases,
participate in drug-alcohol - or . consumer education
courses. '
The same rules apply to those with felony charges. But
felony offenders also must have a job or pursue education
or training while enrolled in the diversion program. They
are required to seek drug, alcohol or mental health treat,
meiit, if necessary.
A law passed by the Legislature, which went into effect
: in August, gives program participants some rights, as well ,
as requiring them to live up to all the obligations of the
program.' ' ' " y..- .'U'
The law stipulates that defendants have the right to
counsel, that participation is voluntary and. that offend,
ers have the right to hear an explanation if they are found
ineligible for the program.
McMasters, former assistant director of the Lincoln
Council on Alcoholism and Drugs, said he founded the
diversion program four years ago to be geared toward drug
offenders. ,
In those four years, he said, his tfudget has dropped
from $215,000 to $ 155, 000
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1 -.'.- -
thoisonnoGtion
113 Co. 14th
14th batwesn 0 fi Fi
474-57C4
Featuring a fine assortment of India-made
Ladies cbthing-dresses, casual tops,
skirts, Men's shirts. Also gifts, bedspreads
and lots of paraphernalia-
"That's all a result of trying to make it more cost
effective," he said.
The program originally was funded 90 percent through
State Crime Commission grants. As of October 1978, it
has been financed totally through- county government,
McMasters said.
. One way in which costs have been cut is by contracting
with UNL doctoral candidates who have educational
psychological backgrounds. UNL pays part of the salary
for these student counselors, McMasters said .
One full-time counselor works with misdemeanor
offenders, of which there were 133 in 1978, and handles
all volunteer services assignments. The assignments include
work at the Children's Zoo, Planned Parenthood and the
CONtact clearinghouse for corrections information.
Three part-time counselors work intensively with the
felony offenders, McMasters said. There were 141 felony
-diversions in 1978 in the Lancaster County program.
The offenders who are most likely to complete the pro
gram are selected by the' Lancaster County attorney's
office and a "screener" from the diversion program. They
cannot select anyone with a prior felony record, or three
or more serious misdemeanors within the last five years.
Misdemeanor offenders who have prior records are
ineligible for diversion.
Program participants must be charged as adults in Lan
caster County or District Court, and may go through the
program only once, McMasters said. '
"How much of a juvenile record should a person have
to make him ineligible?" he asked, answering himself by
saying that varies from case to case. 1
McMasters said that after this careful screening process,
about 90 percent of misdemeanor offenders successfully
complete their contracts, while only three-fourths of
those charged with felonies finish the program.
"Our recidivism rate (return to the court system for
other crimes) is about the same," McMasters said,
comparing pretrial diversion to the prison and probation
system.
Both methods have recidivism rates of about 30
percent for the first year after fulfillment 6f the
offenders' legaf obligations, he noted.
He said these' statistics, and many more, have been
compiled into reports that program supporters use to
apply for funds.
"We have probably the best compter evaluation system
in the country" he said. "I haven't seen any better
(among diversion programs)."
McMasters said the - Lancaster County program
conducts follow-up studies of all program participants one
year after they leave the program. That is, they interview
the two-thirds of the participants they are able to find, al
most all of whom agree to the evaluation. .
McMasters said he can "really track changes in the peo
ple." For example, he Cited changes in their jobs,
educational accomplishments, continued volunteer
activities, and how the offender now feels about his per
sonal life and relationships with people.
The people who are most successful in his program,
McMasters said, are older people, those who are married,
those with few arrests and those who are well-educated.
Although 75 percent of the participants are male, they
don't do as well as females. And drug offenders are more
successful than property damage offenders, he said.
A report issued by the Lancaster County program
states that the program has, to some extent, met most of
its goals. The goals include achieving lower costs than the.
criminal justice system route, lower recidivism rates than
the court system, and improved education, jobs, volunteer
service, survival skills and self-esteem for offenders upon
completing the program.
Despite these triumphs, McMasters said, there are as
many opponents of the program as there are supporter,
The police, he said, are among those who feel' that
dealers are being punished" too ; lightly because of
diversion,; ' ":4 ' - .
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