By Robert Pawlicki
Posted Jan 26, 2020 at 9:00 PM Savannah Morning News
Mass incarceration, the highest prison and jail population in the world, a discriminatory bail system. Such an unending stream of negative descriptions of our justice system can make a person feel helpless, impotent against the forces of a national and local justice system gone awry.
It doesn’t have to be so. Not only are there good people working to alter corruption, unfairness and inefficiencies of the system, there are creative efforts that should make us stand up and cheer. The Pre-Arrest Diversion Program recently established by Savannah’s police chief, Roy Minter and his department, is one such example. The program allows Savannah’s police officers options that can prevent jail time and a jail record. Interestingly, Chatham County Police Chief, Jeff Hadley, also endorses similar programs, noting, “We are always looking for options in making an arrest, especially in low level crimes.”
Before further discussing the new options, let’s spell out what happens if a young man is arrested for possession of marijuana or petty theft. The arrested is taken to the Chatham County Jail and arraigned by law within 72 hours. The judge decides whether there is enough cause to go forward and, if warranted, adjudicates a bail or bond. The arrested either posts the bond or remains in custody in the Chatham County Jail until his court appearance, which may take months.
Whether or not found guilty, his life may unalterably change. Once that young person has a criminal record, especially if found guilty, he may be trapped in a system that can destroy his work, financial, social and family future. In most states there is little chance for his record to be expunged.
Of course, it can be argued that he should have known that crimes have consequences. However, it is difficult to honestly discuss youthful indiscretions without acknowledging that most of us have engaged in stupid actions, often unlawful, behaviors that we now regret. How many times have we and our friends regaled each other with stories of youthful escapades, “I was so lucky not to be caught” or “Fortunately, the cop gave me a break.” We laugh and breathe a sigh of relief, while recognizing that not everyone is so fortunate.
Even now we are thankful when we receive a warning for a traffic violation as opposed to a ticket. When it comes to our own behaviors, we are pleased that warnings or similar alternatives exist.
The Pre-Arrest Diversion Program will allow the potential for others to have the same “luck” with the decision made at the officer level. The police department’s announcement states, “The program is intended to be used for low-level misdemeanor offenses that result from an error in judgment, uncontrolled emotions, or a mistake. Examples include disorderly conduct, criminal trespass, underage possession of alcohol, possession of drug paraphernalia, obstruction by fleeing, giving false information or affray [public fighting]. The diversion program will only be available for non-violent crimes or non-traffic violations.” Regular drug screening, substance-abuse treatment, domestic-violence courses and community service are a few of the alternative requirements that can be imposed.
Locally the juvenile, mental health and veteran’s accountability courts all consider the circumstances of the arrested, thereby providing some balance in the often-complex makeup of a criminal act. The Pre-Arrest Diversion Program provides an extension of considerations at the police officer level.
An act of stupidity, as some crimes are, should be given every chance to avoid evolving into a life of crime. The Savannah Police Department should be loudly praised for their effort to reduce the number who do. Now comes the hard part in training the officers to wisely execute the policy to make it work.
Robert Pawlicki is a semi-retired psychologist who lives in Savannah.
