Low-Level Charges are Usually Dismissed. Project Reset Cuts Months off the Court Time to Get There
By Brandon Martinez, Research Associate
Findings from a final evaluation show how Project Reset—a CJII-funded program that diverts people post-arrest to community-based services—allows participants to avoid the criminal legal system without jeopardizing community safety. Project Reset successfully diverted more than 2,000 people arrested for low-level crimes, and even more could benefit with program improvements and expansions.
Every day, people arrested for low level crimes find themselves navigating New York City’s overburdened court system—a lengthy process that, despite its complexity, ultimately results in many cases being dismissed. In 2021, more than 80 percent of misdemeanor cases were dismissed.[1] These dismissals nonetheless have costs for these individuals: they require court appearances,[2] for which people may need to miss work shifts, medical appointments, life events, and family responsibilities; and they often impose other conditions, such as completion of community service and avoidance of other arrests prior to dismissal.
In an effort to avoid disrupting people’s employment, family, and other commitments, the Criminal Justice Investment Initiative (CJII) funded Project Reset, a post-arrest, pre-arraignment diversion program that diverts people arrested for low-level crimes away from the courts and into community-based alternatives. Between 2018 and 2021, three organizations—Osborne Association, Young New Yorkers, and Center for Justice Innovation—provided 2,000 adults with community-based programming throughout Manhattan. Once participants completed the two-hour diversion program, their arrests were declined for prosecution and thus sealed (i.e., there is no public record of the arrest).
The RAND Corporation recently completed an evaluation of Project Reset, which assessed the impact of the program on eligible cases and identified strengths of programming and service provision, as well as key areas for program improvements. The evaluation found that cases were more likely to be declined for prosecution once Project Reset began, reflecting uptake of the program and the associated case resolution–meaning less harmful contact with the legal system for participants, all the while without increasing rearrest rates.
How Diversion Supported Participants
Project Reset was originally designed for people with no previous criminal records who were arrested for low-level crimes in Manhattan. The program later expanded to allow individuals with prior arrests and convictions to participate, provided that the underlying charge remained a low-level misdemeanor. Program participants engaged in programming with one of three program providers, with the option of connecting to additional wraparound services. All three of the providers offered programming in community-based locations described by participants as welcoming and judgment-free zones.
SERVICE SNAPSHOT
Participants at Osborne Association had four program options that included attending community service events in Harlem and northern Manhattan or joining workshops about the effects of trauma on the body, restorative justice, and Narcan intervention for drug overdoses.
Young New Yorkers’ (NYN) art-focused workshops for young people ages 18-20 used art-making exercises to discuss consequences of criminal legal experiences, which were later displayed in public art exhibitions.
Center for Justice Innovation (CJI) offered art-making workshops in collaboration with the New Museum that focused on the criminal legal system and decision-making; group workshops about procedural justice and restorative justice; and individualized counseling sessions.
As a result of their participation in the program, participants had their cases declined for prosecution, avoiding the longer process associated with a dismissal—formally known as Adjournment in Contemplation of Dismissal (ACD)—which was the most common outcome for these cases before the implementation of Project Reset (Figure 1). Although an ACD is similar to a declination in that it results in arrest case dismissal, an ACD requires individuals to attend court appearances—potentially making them miss work, school, or caregiving obligations. ACDs also require arrest cases to remain open for up to 12 months before being dismissed. During that time, arrest cases would be evident in background checks, which may be seen by prospective employers —which research shows has negative impacts on job applicants and worsens racial disparities.[3] Participating in Project Reset allowed individuals to resolve their arrest cases without the possible disruption of court cases or an arrest record. Despite these changes, Project Reset did not jeopardize community safety: the program did not increase rearrest rates.
Figure 1. Where Project Reset Intervenes
The impacts of programing go beyond arrest case outcomes. Following program completion, participants reported improved attitudes towards the court system and police—66 percent said they had more favorable opinions of the courts and 57 percent had more favorable opinions of police. These findings show that that even light touch programming can make a difference in participants’ perception of legal system stakeholders. Nonetheless, participants also reported some remaining reservations about the courts and police based on survey responses, suggesting that Project Reset is just one step in addressing decades of distrust and disproportionate entanglement in the criminal legal system:
Many participants (43 percent) felt that “judges put people in jail for no good reason” and (46 percent) that “judges make decisions based on their prejudices or personal opinions.”
Fewer participants (38 percent) agreed that “I generally support how the police act in my community”, and 37 percent felt that police always behave according to law when dealing with people.
Strengthening Programming by Expanding Reach & Communication
Even though more than 2,000 individuals were successfully diverted to community alternatives through Project Reset, providers were unable to contact an additional 2,000+ eligible individuals who then did not have the opportunity to participate in the program. Successful contact was strongly correlated to a person’s criminal legal history. For example, while 60 percent of individuals with no records were able to be contacted for participation, only 27 percent of those with previous convictions were able to be reached by the providers. Controlling for other factors, racial-ethnic differences in contact success were also apparent, with Black-Hispanic individuals less likely overall to be successfully contacted than other groups. Those least likely to be contacted are the ones most likely to be impacted by the system and, in turn, the most likely to benefit from participating in Project Reset and having their cases declined for prosecution.
To improve program outreach, the evaluators recommend several changes. First, providers should monitor outreach, referral, and completion data to ensure that all eligible individuals have access to the program and its benefits, and any inequities can be addressed in real time. Second, funders and providers can work to strengthen their relationship with stakeholders, such as the New York Police Department, which works on the front lines of collecting accurate and reliable contact information from arrested individuals and can share information about the program. Finally, a robust communications strategy can ensure that the program is known and trusted throughout the city.
Those least likely to be contacted are the ones most likely to be impacted by the system and, in turn, the most likely to benefit from participating in Project Reset and having their cases declined for prosecution.
Providers noted that staff were essential in creating a welcoming environment and in contacting eligible individuals for participation. Continuing to support staff is vital for providing quality service provision to diversion participants. However, the evaluation found that the programs were more costly than traditional court processing, in large part because the program staffing approach was established before COVID-19 and ongoing criminal legal reforms, which contributed to lower program enrollment than providers expected. Higher participant-to-staff ratios would improve cost effectiveness, as would more successful outreach efforts to ensure that eligible individuals become actual participants.
Diversion as a Principle, Not Just One Program
Project Reset offered many adults the opportunity to divert from traditional case processing—saving them valuable time while also providing the opportunity to engage in community-based wraparound programming. Diversion, however, is not limited to a single program design and focus population. Instead, diversion can be used across a range of misdemeanors and felonies, and to address mental health, substance abuse, and other needs that can best be addressed outside of the criminal legal system. Given that Project Reset participants were likely to receive ACDs and had low rearrest rates before the initiative began, it is reasonable for stakeholders to continue to weigh the appropriate response to these low-level crimes. Doing so may enable stakeholders to shift resources to people with more serious offenses and needs, while simultaneously ensuring public safety.
About the Program and Evaluation
The Project Reset evaluation was conducted by the RAND Social and Economic Well-Being division of the RAND Corporation. The program was implemented by three providers and has since expanded from Manhattan to all five boroughs. [4] Both the program implementation and evaluation discussed here were funded through the Criminal Justice Investment Initiative (CJII) of the Manhattan District Attorney’s Office.
About the CUNY Institute for State & Local Governance (ISLG) and the Criminal Justice Investment Initiative (CJII)
The CUNY Institute for State & Local Governance manages the Criminal Justice Investment Initiative (CJII). ISLG provides technical assistance, conducts oversight, measures performance, and manages all CJII grantees.
The CJII focuses on three investment areas—crime prevention, reentry and diversion, and supports for survivors of crime. Project Reset is part of the CJII’s investments in Diversion and Reentry Support.
[1]https://www.criminaljustice.ny.gov/crimnet/ojsa/dispos/index.htm
[2] A missed court appearance can result in a bench warrant—and thus increase an individual's contact with the criminal legal system.
[3] Pager, D. (2003). The mark of a criminal record. American journal of sociology, 108(5), 937-975
[4] The Mayor’s Office of Criminal Justice currently manages Project Reset. https://council.nyc.gov/budget/wp-content/uploads/sites/54/2021/05/MOCJ-LAS-Budget-Note.pdf