ST. LOUIS — The city’s top prosecutor says one of his top priorities is keeping some low-level and nonviolent offenders out of the traditional court system.
And a year into his tenure, his office is ramping up programs to do it.
More than 55 people were enrolled last month in diversion programs that aim to treat problems like addiction, poverty, homelessness and mental illness instead of sending people to jail. And Circuit Attorney Gabe Gore said he hopes to enroll at least 100 more participants by the end of the year.
“It reflects our community values,” Gore said. “We don’t necessarily want to hold someone accountable by putting them in jail for making mistakes that resulted from not having the resources they need.”
The idea is not unique. Prosecutors across the U.S. in recent years have adopted programs that provide alternatives to convictions and jail time for some offenders. The effort started largely in the offices of self-described progressives, but they’ve now been adopted by leaders across the political spectrum, including by Gore, a Democrat who was appointed by Republican Gov. Mike Parson.
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Gore’s predecessor, Kimberly M. Gardner, was one of the progressive prosecutors who promised to reduce the number of people being saddled with convictions and jail time. But her office struggled with managerial dysfunction and staff turnover, seemingly hindering the implementation of diversion programs.
By the time Gardner resigned unexpectedly in May 2023, it was impossible to know which diversion programs, if any, were successful, said Gore’s diversion chief, Jennifer Lorentz. Fewer than 35 people were enrolled in the programs, and the number of enrollees in drug court — run by the court itself instead of Gore’s office to help people get treatment for addictions — was down, too.
During Gore’s first year in office, he and Lorentz worked to create a new program that classified offenders into three kinds of categories: people charged with misdemeanors, people charged with felonies and young adults between 18 and 25.
The process begins when supervisors screen newly filed cases to find candidates. They examine people’s backgrounds and criminal history and do not consider those who have been charged with sex offenses, homicides, assaults, crimes against children or other serious felonies.
There are several options from there: The person could plead guilty to the charges and then complete the program to avoid prison time. In some cases, that conviction would also be expunged from the online court record.
Another option is called pre-plea diversion, where the person never pleads guilty and the charges are dismissed altogether if the defendant completes the requirements. They’ve added that option to treatment court, too.
In those cases, the goal is to prevent people from ever getting a conviction so they don’t have to disclose it on job applications or other forms. Gore said he saw the impact of that process firsthand when he helped some college-bound students get expungements on prior convictions while he was working in private practice.
“You’ve taken the steps to get your life on the right track and to avoid coming back here,” Gore said. “We don’t want you to have the ongoing consequences of having to say you were convicted.”
Each program is tailored to the individual defendant, Lorentz said. Case managers compile a series of recommendations and choose from a list of roughly two dozen nonprofits and local organizations that can offer classes, resources or job training to help people get back on their feet.
Lorentz said the organizations may connect people with housing, deliver reckless driving classes, run group therapy sessions or teach financial planning. They may also help with reunifying families or getting people stable jobs.
In one recent case, a man was just a few credits shy of completing his high school diploma, so the diversion program set him up with classes. He’s going to graduate before the end of the year, she said.
“Getting somebody a job at a fast food restaurant or something is great,” she said, “but that’s not going to guarantee long-term success.”
The program may also help people resolve other pending legal issues. The circuit attorney’s office plans to refer people to the local legal nonprofit ArchCity Defenders to help them resolve outstanding municipal warrants, Lorentz said.
Jacki Langum, deputy executive director of ArchCity, said having pending municipal cases can be “detrimental” to someone’s daily life, making it impossible to get a driver’s license, making it difficult to get around, increasing the cost of insurance and keeping people cycling them through the legal system.
“It kind of compounds on people,” she said.
The diversion programs last between six and 18 months. Lorentz said they’re not yet sure how many cases they can handle, but the office will continuously evaluate capacity and metrics. And Gore said he was hopeful he could add more staff as necessary with the support of city leaders.
“I’m very excited to see how it goes,” Gore said.
St. Louis Circuit Attorney Gabe Gore discusses the work he has done six months after taking office on Dec. 5, 2023 at the Carnahan courthouse in downtown St. Louis. Video by Katie Kull.