SAN FRANCISCO, CA – The city’s jails are increasingly overcrowded and dangerous, a situation exacerbated by District Attorney Brooke Jenkins’ approach to diversion programs for drug offenses, according to a San Francisco Chronicle Op-Ed article by Anthony Kline, a former presiding justice of the California Court of Appeals for 40 years who retired in 2023.
Kline notes Jenkins routinely refuses to approve diversion to collaborative courts unless the accused agrees to a guilty plea, which undermines the rehabilitative potential of these programs and may compromise an accused’s prospects.
The historical context of this issue is rooted in the failed policies of Richard Nixon’s War on Drugs and the 1994 Crime Bill, which led to mass incarceration without improving public safety, added Kline.
The former judge asserts these policies highlighted the harm of incarcerating individuals for issues stemming from mental illness and addiction, and in response, collaborative courts were developed to focus on rehabilitation rather than punishment.
These courts require agreement from all parties clinician, judge, district attorney, and defense attorney and involve intensive supervision and long-term treatment, said Kline.
San Francisco’s collaborative courts, including the Drug Court and Behavioral Health Court, have been instrumental in addressing the needs of various groups such as veterans and individuals with mental health issues.
National studies, such as one from the Administrative Office of the California Courts, found, writes Kline, that successful graduates of drug courts had a recidivism rate of just 17 percent, compared to 29 percent for participants who did not graduate and 41 percent for all others.- this study also revealed that these programs saved taxpayers over $90 million annually.
The California Policy Lab’s study of felony diversion in San Francisco highlighted that diversion significantly reduced the likelihood of subsequent convictions for up to five years, attributing this success to the holistic treatment provided by the city’s collaborative courts, cited Kline.
Despite these positive outcomes, the number of cases diverted in San Francisco has declined since Jenkins took office, maintains Kline, adding data from SFData shows a significant drop in diversion referrals during her tenure.
DA Jenkins has argued diversion is misused, with the accused allegedly re-offending after being released, but Kline maintains such results are rare, as diverted individuals are closely monitored with residential treatment centers or ankle monitors, and violations lead to re-arrest.
Deputy Public Defender Crystal Carpino criticizes Jenkins’ policy of requiring guilty pleas for diversion, arguing it removes the incentive for rehabilitation and negatively impacts accuseds’ future opportunities, writes Kline.
According to the article, this approach has led to a dramatic increase in the jail population, from 837 in May 2023 to 1,203 in May 2024, a 30 percent rise.
Kline writes the San Francisco Department of Public Health estimates 60 percent of those booked into jail have substance abuse disorders, and 27 percent have mental health needs, and this overcrowding, coupled with deteriorating facilities, has resulted in increased violence and lockdowns within the jail.
In contrast to the short-term and less effective treatment provided by the health department, the comprehensive and supervised programs in San Francisco’s collaborative courts offer a more effective solution for those in need, charges Kline.
The former jurist insists diversion not only alleviates jail overcrowding and reduces recidivism but also provides individuals with the opportunity to address underlying issues and rebuild their lives.
