County Attorney Looks to Keep Young People Out of the Prison System
New diversion program attempts to get to the root causes of violence
By Maggie Q. Thompson, Fri., April 7, 2023
Up to now, few young Travis County residents facing criminal charges have gotten a second chance through our local court system: the offer of having their charges dismissed in exchange for going through programming to better themselves and address root causes of crime.
In Texas, where 17-year-olds suspected of crimes are tried as adults, such diversion programs are rare. Travis County's diversion program, Project Engage, is only serving about 30 to 35 people between the ages of 17 and 19 at a time. There are more than 700 youth working through the court system who could be eligible for the program, per the Travis County Attorney's Office. So County Attorney Delia Garza has made it her mission to dramatically reduce the number of young people who receive punishment when they need support. A newly launched countywide effort will expand Project Engage's reach and scope.
"We believe the changes being made are a groundbreaking shift in how we can truly address violence prevention," Garza told the Chronicle. "We are fortunate to be in a community that believes in second chances, especially when it comes to our youth."
The way it works now, teenagers 17 and older could find themselves in any county court. Based on the discretion of the prosecutor in their case, they could be transferred to County Court No. 6 where Judge Denise Hernández oversees Project Engage. Under the new model, every defendant age 17 to 20 will go straight to Court No. 6, where four of the county's most experienced prosecutors will be dedicated to screening and reviewing potential diversion participants, with the help of a newly created and internally funded paralegal position. The only cases ineligible for the program are those involving family violence.
So what will prosecutors be looking for? Serious violent offenses? Low-level drug charges? All of the above. "Really the ideal case is one in which the participant is open to the process of acknowledging wrongdoing," Garza said. "One in which the participant is willing to learn from their experience and actively participate in getting the help that they need."
Staff at nonprofit partner Life Anew will guide young people through a process of restorative justice – one in which the defendant and the person whom they harmed both receive counseling and eventually meet so young defendants can make amends (if the victim is willing). This model is all about violence prevention and "an effort to end cycles of violence," Garza said.
Already, youth in the diversion program do community service, receive mentorship and counseling, and get help in résumé-building and job-finding. Under the updated program, they'll also get free assistance from attorneys with Volunteer Legal Services of Central Texas to navigate the complicated process of expunging criminal charges from their record. That's important to Garza, because dismissed cases still show up on background checks, hampering young people in their job and housing searches, while expunctions mean cases are good as gone.
Hernández, the four prosecutors assigned to her court to handle Project Engage, and nonprofit partners, among others, will be taking on the lion's share of the work, but more resources will only increase the program's reach and efficiency. "The most important support to gain is that of the participants – in believing in themselves and that they can turn their lives around, in believing in a system that wants to provide help and support," said Garza.
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