Substance use diversion program: Chittenden County, VT

Rising rates of substance use, homelessness, and property crime: Between 2020 and 2023, Vermont’s housing affordability crisis worsened, resulting in the largest percentage increase in families experiencing homelessness of any state in the country. During the same period, Vermont saw a dramatic increase in drug overdoses, with more than 150 overdose deaths occurring in Chittenden County between 2021 and 2023. These trends combined with a substantial rise in property crime – largely retail theft – in the City of Burlington, the seat of Chittenden County.

Limited capacity in local courts: A relatively small number of individuals were responsible for a disproportionate share of property crimes in Chittenden County. While these individuals faced incarceration, they were typically not incarcerated pre-trial, as property crimes are non-violent offenses. However, as the local court system had a large backlog of cases, defendants faced long waits until their sentencing hearings. Released without any additional support services, these individuals often picked up additional charges while awaiting sentencing.

Recognizing the limitations of a punitive approach: At the same time, local leaders understood that a punitive response would not address the root causes of crime. A disproportionate number of repeat, low-level offenders had substance use disorders and co-occurring mental health disorders. In a community increasingly reckoning with the negative impacts of incarceration, in particular on its residents of color, local leaders sought an alternative that would center treatment, not punishment.

A gap in existing diversion programming: Chittenden County had long had diversion programs for individuals who had committed low-level offenses. However, repeat offenders were generally ineligible for these programs. Additionally, with their “zero-tolerance,” abstinence-based models, existing diversion programs were not well-suited for individuals with complex substance use disorders. Acknowledging these limitations, local leaders sought a solution that would take pressure off of local court dockets and meet the needs of a population not served by existing diversion programs.

Diverting those at high risk of incarceration: In 2023, Vermonters for Criminal Justice Reform (VCJR) partnered with the Chittenden County State's Attorney's Office to launch Incentives for Success (IFS). IFS is a diversion program that primarily serves individuals with complex substance use and co-occurring mental health disorders who are at a high risk of incarceration. Most IFS participants face multiple low-level criminal charges, such as retail theft, possession of narcotics, or eluding law enforcement. Ultimately, the program’s goal is not for participants to achieve sobriety but to support them in better managing their substance use disorder and reducing future criminal activity.

Providing support services: After an individual is referred to IFS by the State’s Attorney, VCJR case managers assist them in setting goals around how they might manage their substance use disorder. Over the next 12 weeks, participants attend weekly case management sessions. During these sessions, VCJR staff connect participants to resources that will help them address the factors putting them at risk for future interactions with the criminal legal system. For example, staff may assist participants with accessing a methadone clinic or buprenorphine prescription, completing a Supplemental Nutrition Assistance Program (SNAP) application, or remaining in compliance with probation and parole requirements.

Using an evidence-based model to incentivize healthy behavior: IFS is based on contingency management, an evidence-based treatment model for substance use disorders. The model calls for the use of incentives to reward participants for engaging in healthy behaviors as defined in an individualized treatment plan. As part of IFS, a participant can earn two financial incentives each week of the program – one for attending their weekly case management meeting and one for testing negative for substance use. The incentives increase each week to reward regular attendance and reduced drug use. All told, participants can earn up to $317 via attendance incentives and up to an additional $287 for testing substance free.

Taking a restorative approach to support program completion: Once a participant completes the program, the State’s Attorney drops the charges against them. Unlike in traditional diversion models, IFS participants can continue receiving substance use or mental health support services through VCJR’s other programs. As IFS takes a harm-reduction approach, participants are not automatically removed from the program if they accrue additional criminal charges. However, in cases where participants are unsuccessful in the program, the State’s Attorney typically proceeds with charges against the individual.

Vermonters for Criminal Justice Reform: VCJR is a local nonprofit organization with a long track record of providing direct support services to justice-involved individuals and advocating for criminal justice reform at the local, state, and federal levels. VCJR administers the Incentives for Success (IFS) program and provides case management services for program participants.

State's Attorney's Office: The Chittenden County State's Attorney's Office partnered with VCJR to launch the IFS program. State’s Attorney Sarah George championed IFS as part of the solution to the area’s drug and retail theft crises. Her office refers participants to the program and monitors their progress through program completion.

Local healthcare providers: Typically, IFS participants require specialized mental health and substance use treatment. VCJR partners with local healthcare providers, like the Johnson Health Center, the Howard Center, and the University of Vermont Medical Center, to ensure program participants have access to the treatment they need.

University of Vermont: The University of Vermont’s (UVM) Center on Rural Addiction is home to leading researchers on contingency management, the treatment modality used in the IFS program. UVM provided VCJR with funding for financial incentives, enabling VCJR to launch its contingency management pilot program and later its IFS program.

Vera Institute of Justice: The Vera Institute of Justice is a national nonprofit focused on transforming the criminal legal system and ending mass incarceration. Through its Reshaping Prosecution Initiative’s Motions for Justice program, Vera provided funding to support IFS case management services, as well as technical assistance to VCJR on data collection and program evaluation.

Law enforcement agencies: Local law enforcement agencies, who interact with those committing retail theft, are a source of information on who in the community may benefit from participating in the IFS program.

Leveraging a favorable local context and growing calls for change: Burlington, and Chittenden County more broadly, is a politically progressive community with existing interest in creating alternatives to incarceration. The favorable political context made launching a diversion program like Incentives for Success (IFS) an easier choice for local decision-makers. Just as important, however, was the significant public attention paid to retail theft and the ongoing housing and drug use crises. These challenges created a sense of urgency for local leaders to identify solutions, opening the door for innovative diversion models like IFS.

Working through an established community-based organization: Before launching IFS, VCJR was deeply embedded in the local criminal legal, re-entry, and substance use treatment spaces. As a result, VCJR already had a positive reputation – and a degree of inbuilt trust with – prospective IFS participants. In a similar vein, VCJR’s existing relationships with area social service and healthcare providers enabled them to more easily connect participants with additional community resources.

Strong support from the local prosecutor: Ultimately, IFS would not have been successful without willingness from the local State’s Attorney to divert individuals instead of prosecuting them. State’s Attorney Sarah George’s advocacy for IFS – and, more broadly, for a greater emphasis on addressing the root causes of crime – helped build support for the program among local decision-makers and the general public.

Building in a degree of “grace” for participants: IFS was designed to serve individuals with substance use and mental health disorders who face incarceration for accruing multiple criminal charges. Typically, this population would be ineligible for a traditional drug court program, and, even if admitted, would be at increased risk of failing out of the program. Traditional drug court models employ a “zero tolerance” policy toward drug use. However, for those with complex substance use issues, expecting immediate sobriety is often unrealistic. Instead, IFS focuses on supporting participants in making incremental progress toward better managing their substance use disorder. This approach allows for a program in which participants have a realistic opportunity to succeed and avoid incarceration.

Facing a trade-off between paying restitution and avoiding charges for participants: Typically, when an individual is convicted of a property crime, either they or the state pays financial restitution to the victim. However, in Vermont, when an individual enters a diversion program that is not run by the state, neither they nor the state are ordered to pay restitution. This creates a complication for the State’s Attorney when referring individuals to Incentives for Success (IFS) – either they must forgo restitution for the victim or proceed with charging the individual they intend to divert. To avoid this trade-off, Vermonters for Criminal Justice Reform (VCJR) and the State’s Attorney are attempting to secure funding to provide restitution outside of the existing state-mandated process. In the interim, the State’s Attorney typically asks defendants to plead guilty to misdemeanor property theft charges when restitution is owed to an individual community member or small business; when the victim is a large corporation, the State’s Attorney often forgoes seeking restitution.

Insufficient access to social services limit program impact: IFS’ target population typically face multiple barriers to achieving the stability necessary to effectively manage and treat their substance use disorders. To address this, VCJR aims to be a “one-stop shop,” where participants can be connected to a wide-range of health, housing, employment, and other support services, either internally or through community partners. However, as investment in social services is limited, IFS cannot always connect participants to the supports they need, particularly around housing.

Addressing public skepticism toward the program model: IFS is based on contingency management theory, an evidence-based treatment model for substance use disorders. As part of IFS, participants receive a weekly financial incentive for attending case management sessions and a bonus for testing negative for drug use. Even in a community that has previously adopted more progressive criminal justice policies, there has been public criticism toward compensating individuals with criminal charges as they progress through treatment. However, the strong evidence base for the model, as well as increasing public recognition that status quo approaches were not working, opened the door for using contingency management as part of a diversion program.