Abstract
In 2016, Albany, NY, launched a Law Enforcement Assisted Diversion (LEAD) programto increase public health and safety while improving racial equity at the intersection of addiction,
mental health disorders, and criminal justice. The program provided police officers discretion to
divert individuals suspected of low-level offenses—driven by addiction, mental health issues
and/or poverty—away from the criminal-legal system into case management. However, from
2016 through 2021, Black adults comprised 64% of the city’s arrestee population but only 38%
of the 289 individuals diverted into LEAD.
This mixed-methods dissertation study analyzed data from primary and secondary
sources. Semi-structured interviews and participant observation (e.g., police ride-alongs) were
used to explore the influence of interpersonal, institutional, and structural racism on LEAD
Albany design and implementation and stakeholder perspectives on the program (Aim 1). Using
local and statewide administrative data, descriptive analysis and multi-level logistic regression
modeling was used to examine the presence of interpersonal and institutional racism in LEAD
Albany in the contexts of program eligibility and police discretion (Aim 2). Descriptive analysis
and logistic and linear regression were used to conduct a preliminary evaluation to study the
effectiveness of LEAD Albany as measured by legal outcomes for LEAD participants (Aim 3).
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The main finding was that from 2016 through 2021, missed opportunities for diversion
due to officer discretion were prevalent: there were only 289 diversions out of 2,726 LEAD-eligible
incidents. And, after controlling for a host of suspect, incident, officer, and neighborhood
characteristics, Black male suspects were nearly 6 percentage points less likely to be diverted
(95% CI –10.0 to –1.8, p < .005) than White suspects when comparing decisions made by the
same officer. Referral was significantly more likely to be offered to suspects who were female,
older, and had prior New York State arrests. Referral was also significantly more likely during
the week and in the afternoon or evening. Two officer-level predictors were significant: both
fewer years of experience and fewer arrests predicted a higher likelihood of referral.
LEAD policymakers saw these missed opportunities as the result of barriers to diversion
such as mission confusion, insufficient officer training, and overly restrictive access to the
program. They believed the racial disparities to be driven largely by officer bias, but also
involving a complex layering of institutional and structural racism. While almost all LEAD
clients interviewed found the program life changing, a preliminary outcome evaluation showed
LEAD had no effect on re-arrest or re-conviction; however, this evaluation did not adequately
control for selection bias, an issue that should be addressed in future research.
This study is the first, to the researcher’s knowledge, to examine racial disparities in a
LEAD program in-depth, providing insight into the systemic barriers to racial equity in police-assisted
diversion. This work offers actionable steps to Albany and other LEAD sites reflecting
on racial equity, program eligibility, and referral policies and practices, as well as guidance to
jurisdictions exploring or considering implementing a police-assisted diversion program.