The panel included Montgomery County Common Pleas Court judges Angelina Jackson, Timothy O’Connell and Gerald Parker, as well as Dayton Municipal Court magistrate Brandon McClain.
Diversion programs are set up by Ohio law and administered by prosecuting attorneys.
Diversion is not linked to probation. Rather, it’s a process where people’s alleged criminal actions are dealt with outside of the official prosecution process. Diversion opportunities in Montgomery County are limited, but the diversion program at the Montgomery County Prosecutor’s Office mainly consists of pre-indictment diversion, according to Jackson.
Official diversion opportunities in Dayton’s municipal court are related to traffic offenses. This includes a traffic safety program, McClain said.
But the root cause of many people’s interactions with the criminal justice system is poverty. McClain said the criminal justice system can fill gaps for people who face financial challenges.
“You cannot squeeze blood from a turnip or a rock,” McClain said. “Some things are uncollectable. This means converting fines into community service. This means not over-punishing the poor. This means putting people in a position where they can be successful.”
Specialized courts can play a role in providing tailored care to people interacting with the criminal justice system, Parker said. His court has a specialized docket, called the Kushinda Court, for Black men between the ages of 18-29 who are involved in the criminal justice system, typically for offenses related to the possession of guns.
The word “kushinda” means “to conquer, defeat, or overcome” in Swahili. Parker said this program uses a nationally recognized curriculum called Habilitation Empowerment Accountability Therapy.
“We’re doing things differently with this demographic. They’re showing up. They’re getting the treatment when it comes to social determinants that are issues,” Parker said.
Support is also needed for residents facing mental health crises and addiction, and agencies that provide those services should be adequately funded, O’Connell said. He serves in the common pleas court’s mental health court program.
O’Connell said substance addiction and mental health crises contribute to many cases seen by local courts.
“We need to support (Montgomery County Alcohol, Drug Addiction and Mental Health Services),” he said. “This provides a lot of funding for our behavioral health agencies. They need support.”
About the Author
