Diversion programs designed as therapeutic alternatives to prison for nonviolent offenders often saddle participants with fees that push some into poverty, according to a new report from the Alabama Appleseed Center for Law and Justice.

Surveys of more than 1,000 participants revealed Alabama’s programs often enroll low-income offenders who struggle to keep up with costs, hearings and random drug tests that interfere with work and family obligations. Most of the participants earned $15,000 or less a year, and fees typically consumed about 10 percent of their income. Few qualified for cost-reduction programs designed for low-income defendants.

More than 40 percent of those surveyed admitted to committing another crime to keep up with program payments. Many had also borrowed money or relied on charity to afford food and other necessities while under court supervision.

Crowding and violence in Alabama prisons have focused attention on diversion – which can keep some offenders in the community and even prevent felony convictions. But the system is fractured, often pitting prosecutor-run diversion programs against judge-operated specialty courts. Offenders can find themselves caught in the middle, forced to fund the programs through high fees or risk going to prison.

“Gov. Ivey’s Study Group on Criminal Justice Policy has diversion on their radar and has expressed concerns about the ‘pay-to-play’ nature of the current system,” said Carla Crowder, executive director of Alabama Appleseed. “This is encouraging. Our hope is that the Legislature will closely examine which diversion programs are truly working and which are used to boost the budgets of agencies operating them. The questionable programs don’t need more money, whether it comes from the poorest Alabamians or the Legislature.”

Lawmakers have passed a number of laws over the years authorizing different community programs for nonviolent offenders. The report studied community corrections – where offenders serve their sentences at home – and diversion programs that can erase criminal charges entirely.

These programs get little funding from the state and are mostly supported by participant fees.

“I would say the report is eye-opening,” said Bennet Wright, executive director of the Alabama Sentencing Commission. “It not only shows how differently programs and services are operated across the state in regards to lack of uniformity with fees, eligibility and requirements, but also shows how much the state needs to invest in local communities to ensure services are available across the entire state to everyone that needs them.”

One of the most troubling, according to the Appleseed report, is also one of the newest. Pretrial diversion offers the chance to avoid prison and felony convictions, but it also has some of the highest fees and limited opportunities for participation by low-income defendants. According to the report, that can create different outcomes based solely on an individual’s ability to pay.

The research also found racial disparities in program participation. Even though a majority of Alabama prisoners are African American, most of those involved in diversion programs are white.

Crowder said the costs of the programs posed the biggest problems, often forcing offenders to make tough decisions about paying bills, buying groceries or staying out of prison.

State law provides little guidance on how pre-trial diversion money should be collected or spent. income from one pre-trial diversion program paid for car washes, business suits and even sheet cakes. Such spending raises questions about who benefits and at what expense.

“Should people trying to avoid jail be paying for uniforms and office supplies in DA's Offices?” Crowder said. “That just doesn't seem right.”

Participants who can’t pay risk getting sent to prison or having their supervision extended for months or even years. Researchers sat in on meetings with judicial staff and witnessed decisions about sanctions due to missed payments. Some program participants endured years of supervision because they struggled to make payments.

Costs aren’t the only obstacles to success. Those called for drug testing often get little notice to arrange transportation and time off for mandatory screens – even when they don’t have histories of drug abuse. About one in five of the people surveyed had been sent to prison for violating program terms.

For all their problems, Crowder said diversion programs keep some offenders out of prison and offer services that can improve lives.

“There is no question that diversion, especially drug courts, works for some people,” Crowder said. “We encountered dedicated judges, case workers, and staff who truly wanted to serve participants well and help them stay out of jail. But when freedom comes with a price tag and onerous conditions that simply don't work for thousands of Alabamians, we've got to do better.”

The report suggested several changes, including better tracking and standardization of many programs that currently vary from county-to-county. Programs should keep elements that work, including educational and employment assistance, and drop financial barriers that exclude the poorest defendants, Crowder said.