Diversion to Treatment Instead of Jail in Indiana

What Is a Diversion Program?

Diversion programs in Indiana offer an alternative path to traditional criminal prosecution for those facing substance-related charges. Instead of moving directly toward conviction and potential incarceration, these programs focus on rehabilitation and recovery. For folks here in the Hoosier state struggling with addiction who find themselves tangled up in the criminal justice system, diversion can be a real lifeline—providing structured support while avoiding the lasting consequences of a criminal record.

According to Indiana's official Diversion and Deferral Guidelines, these programs operate with the oversight of the elected Prosecuting Attorney and aim to redirect appropriate cases away from the criminal justice system based on factors such as offense nature and the individual's circumstances.

Participants typically engage in substance abuse treatment, education programs, regular drug testing, and court monitoring. When you successfully complete the program, charges may be dismissed or reduced significantly—offering a genuine second chance and a clear path to recovery rather than punishment.

Diversion Programs	Traditional Prosecution
Focus on rehabilitation and treatment	Focus on punishment and deterrence
Possible charge dismissal upon completion	Results in permanent criminal record
Allows maintained community connections	Often leads to incarceration and isolation
Addresses underlying addiction issues	May not address root causes of behavior
Requires active participation in recovery	Requires serving sentence as determined

Types of Diversion in Indiana

Here in Indiana, we utilize several forms of diversion programs, each serving different situations and stages of the legal process:

Pre-trial Diversion: This option is available before a case goes to trial. It temporarily pauses prosecution while you complete required programs. If you successfully fulfill all conditions, prosecutors may dismiss the charges entirely, preventing a conviction from appearing on your record.

The Indiana drug laws provide for Conditional Discharge programs, which typically apply after a guilty plea but before sentencing. The court holds the conviction in abeyance while you complete treatment and other requirements. Upon successful completion, your case may be dismissed.

Deferred Prosecution: With this approach, prosecutors temporarily suspend filing formal charges while you participate in treatment and meet other conditions. If you successfully complete all requirements, they may decide not to file the charges at all.

Each of these options represents Indiana's growing recognition that treatment often proves more effective than incarceration for addressing the underlying causes of drug-related offenses, especially in communities from South Bend to Evansville.

Drug Court Eligibility in Indiana

Drug courts in Indiana offer specialized, intensive supervision for individuals with substance use disorders. Unlike traditional courts focused on determining guilt and punishment, drug courts create a structured recovery environment with regular court appearances, treatment sessions, and accountability measures—all designed to support lasting recovery.

To be eligible for an Indiana drug court program, you generally need to:

• Face charges directly related to substance use disorder
• Have committed non-violent offenses
• Demonstrate willingness to participate in treatment
• Not have an extensive violent criminal history
• Be assessed as appropriate for community-based treatment

While participation is largely voluntary, entry requires court approval, often including agreement from prosecutors. Drug courts recognize addiction as a health condition requiring treatment rather than simply a criminal matter deserving punishment. These programs typically run 12-24 months and include frequent court check-ins, random drug testing, and progressive phases as you work through your recovery journey.

County-by-County Access Varies

It's important to understand that drug court availability differs significantly across Indiana's 92 counties. Some counties offer robust programs with multiple pathways, while others, particularly in rural parts of the state, may have limited options or none at all.

Marion County (Indianapolis) operates one of the state's most established drug court programs, offering comprehensive services for various substance use disorders. Allen County (Fort Wayne) and Vanderburgh County (Evansville) also maintain well-developed drug court systems with multiple treatment pathways.

However, many rural counties across central and southern Indiana have fewer resources or may offer alternative programs instead of formal drug courts. Your eligibility and program options will depend heavily on where your case is being handled. For specific information about drug court programs in your county, contact your county courthouse, public defender's office, or local community mental health center.

Recovery Works and Funding

Recovery Works is Indiana's program dedicated to funding treatment services for justice-involved individuals who might otherwise lack access to care. This initiative bridges the gap between the criminal justice system and mental health/addiction treatment, ensuring that financial barriers don't prevent Hoosiers from receiving needed care.

The program covers a comprehensive range of services including:

• Medication-Assisted Treatment (MAT)
• Detoxification services
• Individual and group therapy
• Recovery housing assistance
• Peer recovery support services
• Case management

To qualify for Recovery Works funding, you must be involved with the justice system (such as facing charges, on probation, or in a diversion program) but not currently incarcerated. The program specifically targets those without insurance or with limited coverage who would otherwise be unable to access treatment.

Administered by the Indiana Family and Social Services Administration (FSSA), Recovery Works represents our state's commitment to addressing substance use disorders as health issues that require treatment rather than punishment alone.

How to Apply for Recovery Works

Accessing Recovery Works funding typically begins with a referral from someone in the criminal justice system who's already working with you. This might be:

• Your probation officer
• A court case manager
• Your public defender or defense attorney
• A jail navigator or discharge planner
• A court liaison or diversion program coordinator

Once referred, you'll complete an assessment to determine your treatment needs and eligibility. If approved, you'll be connected with Recovery Works-certified providers who can deliver appropriate services. These providers will work directly with the program for payment, meaning you won't need to manage complicated billing processes yourself.

During your recovery journey, you may benefit from medication-assisted treatment (MAT) for addressing physical dependence and peer support programs where people with lived experience help guide you through the challenges of early recovery.

Don't hesitate to ask your referral source about the specific Recovery Works services available in your area, as options can vary from Lafayette to Bloomington to New Albany.

Probation vs Incarceration

When facing substance-related charges in Indiana, understanding the fundamental differences between probation-based diversion programs and incarceration is crucial. Diversion and probation approaches allow you to remain in your community while receiving treatment and supervision—enabling you to maintain employment, family connections, and support networks that are vital to recovery.

According to Indiana Code § 11-12-3.7-4, forensic diversion programs specifically provide community treatment for non-violent offenders with addiction issues, creating an alternative to incarceration.

Many Indiana counties now make substance use treatment a central condition of probation, recognizing that addressing the underlying causes of drug-related offenses is more effective than punishment alone. This approach typically includes:

• Regular meetings with probation officers
• Structured treatment programs
• Random drug screening
• Court check-ins
• Educational requirements

While these requirements demand commitment and accountability, they offer the chance to heal and rebuild your life without the significant disruption and collateral consequences of incarceration at facilities like the Westville or Pendleton Correctional Facilities.

Treatment addresses the root cause of substance-related offenses, while incarceration alone often perpetuates the cycle of addiction and criminal justice involvement. Research consistently shows that diversion programs not only cost less than incarceration but also result in lower recidivism rates when properly implemented.

What Happens If You Complete vs. Violate the Program

The outcomes of diversion programs create a clear contrast between the benefits of successful completion and the consequences of program violations.

When you successfully complete a diversion program in Indiana, you may experience:

• Dismissed charges (leaving no conviction on your record)
• Reduced charges or sentencing
• Potential eligibility for expungement in some cases
• Completion certificates recognized by employers and others
• Established recovery support networks

However, if you violate program requirements through missed appointments, failed drug screens, new arrests, or other non-compliance, consequences may include:

• Warning sanctions or increased program requirements
• Short jail stays as a consequence (in some programs)
• Termination from the program
• Return to traditional court processing
• Potential incarceration if originally deferred

Understanding these possible outcomes helps clarify the importance of full engagement with diversion programs. While the requirements may be demanding, the opportunity to avoid incarceration and address underlying substance use issues offers a valuable alternative to traditional punishment.

Connecting With a Case Manager

Taking that first step toward help can feel overwhelming, but connecting with a knowledgeable case manager or navigator is often the key to accessing diversion programs and treatment options. No matter where you are in the process—whether pre-arrest, newly charged, or supporting someone who is justice-involved—reaching out is a positive first step.

Depending on your circumstances, several professionals can provide guidance:

• Public defenders or defense attorneys can assess your legal eligibility
• Court-based social workers often know available programs in your county
• Jail navigators help connect incarcerated individuals with services upon release
• Peer recovery coaches provide support based on lived experience
• Recovery Works navigators specialize in connecting justice-involved individuals to funded treatment
• Local ASAP (Addiction Services and Prevention) coalitions can direct you to community resources

Don't let uncertainty stop you from reaching out. These professionals understand the challenges you're facing and are trained to help navigate complex systems. Many have supported countless other Hoosiers through similar situations and can offer both practical guidance and emotional support during this difficult time.

What to Ask When You Call for Help

When contacting a case manager or service provider about diversion programs, having specific questions prepared can help you gather crucial information. Consider asking:

• "Based on my charges and history, am I eligible for any diversion programs in this county?"
• "What specific requirements would I need to complete in a diversion program?"
• "How long do these programs typically last, and what is the weekly time commitment?"
• "Is there funding available to help with treatment costs through Recovery Works or other sources?"
• "Can I get assistance with medication-assisted treatment (MAT) as part of this program?"
• "Are there recovery housing options available for program participants?"
• "What happens to my charges if I successfully complete the program?"
• "Who will be supervising my case, and how often will I need to check in?"
• "Is there a waiting list for the program, and what can I do while waiting?"
• "What local support groups or resources do you recommend I connect with immediately?"

Keep in mind that case managers are there to help, not judge. Being honest about your situation and needs will help them connect you with the most appropriate resources. If possible, take notes during your conversation and ask for written materials about any programs discussed.

Remember that reaching out for help is a sign of strength, not weakness, and is the first step toward positive change.

Recovery is a journey that begins with a single step. Every person who has successfully navigated diversion programs and rebuilt their life started exactly where you are now – by reaching out and asking for help.