Specialty Courts: A Disappointing Form of Diversion

Date:  02-05-2026 Decades of research and advocacy suggest that these courts are no panacea, failing to adhere to best practices or prevent incarceration for many participants.

From Prison Policy Initiative: Over the past 35 years, specialty courts — also called diversion courts, treatment courts, or problem-solving courts — have exploded in popularity. The first specialty courts, drug treatment courts, came about when judges began facing overwhelming drug caseloads from the “war on drugs.” The idea behind them was that people with substance use disorders facing criminal charges could obtain treatment and avoid rapidly overcrowding jails and prisons, so long as they complied with all conditions ordered by a judge. This subtle shift away from punishment and toward so-called “therapeutic” measures took the criminal legal system by storm, becoming a model for other courts. Today, there are over 4,200 specialty courts in operation, with one in nearly every state. Proponents claim that specialty courts are tackling social issues, reducing crime, and saving taxpayer money through fewer days (or years) of costly incarceration. Evaluations suggest that some people have turned their lives around by completing specialty court programs, and public opinion toward them is generally very positive, recognizing their rehabilitative potential. The model sounds ideal, and appears to move away from harsh carceral responses to social issues while connecting people with treatment and support. Over the past 35 years, specialty courts — also called diversion courts, treatment courts, or problem-solving courts — have exploded in popularity. The first specialty courts, drug treatment courts, came about when judges began facing overwhelming drug caseloads from the “war on drugs.” The idea behind them was that people with substance use disorders facing criminal charges could obtain treatment and avoid rapidly overcrowding jails and prisons, so long as they complied with all conditions ordered by a judge. This subtle shift away from punishment and toward so-called “therapeutic” measures took the criminal legal system by storm, becoming a model for other courts. Today, there are over 4,200 specialty courts in operation, with one in nearly every state. Continue reading this report here.