Oklahoma Counties Struggle to Access Diversion Funds

Oklahoma voters approved State Question 781 ten years ago to redirect savings from reduced prison populations into local diversion programs. A decade later, a gap remains between the ballot measure’s intent and its implementation on the ground.

Rep. Meloyde Blancett, D-Tulsa, stated that the state has not fully executed on the initiative. She noted that many offenders continue to cycle through the system without effectively leaving the path of reoffending. The companion measure, State Question 780, reclassified certain property and drug offenses from felonies to misdemeanors. That change led to a nearly 20% drop in the prison population from 2016 to 2021. State officials vacated a private facility in Cushing and closed a state-run facility in Fort Supply as a result.

Progress on State Question 781 has moved at a slower pace. It took more than six years for the Legislature to settle on a funding formula for the County Community Safety Investment Fund. Money became available in late 2023, but many county officials were unaware of the opportunity or unsure which programs would be beneficial. The statute allows funds to address substance abuse, mental health, housing, employment, or education.

As of Oct. 20, only 43 of 77 counties were participating in the program, according to Maria Chaverri, a spokeswoman for the Department of Mental Health and Substance Abuse Services. Applications for the next funding round remain open through the end of October. The department is working to develop model programs and streamline the application process to improve participation.

Rural court officials identified specific obstacles during an interim study held on Oct. 21. Smaller counties receive a minimum allocation of $62,500. Officials noted that response times for mental health services lag in isolated areas. Michelle Kirby-Roper, an associate district judge in Beckham County, applied for funds in 2024 and started a jail-based treatment program. She said group therapy and counseling have helped but must be paired with long-term planning. Kirby-Roper warned that delays between jail release and treatment start can cause offenders to drop out.

Kirby-Roper suggested offering incentives to encourage completion. If misdemeanor drug offenders enter treatment and stay clean, their cases could be dismissed with all costs waived. Oklahoma and Tulsa Counties launched misdemeanor diversion programs with those terms in 2021. Meagan Taylor, CEO of the Diversion Hub, said the program has served 2,302 participants in Oklahoma County with a 73% graduation rate. Taylor noted that most funding for that program does not come from the State Question 781 fund, but it serves as a model for rural areas.

Blancett proposed shifting approval authority from county commissioners to justice system officials, such as judges or district attorneys, to speed up the process. County commissioners currently must approve applications before submission. Blancett argued that commissioners are experts on roads and bridges but not on mental health or drug courts. Brittany Hayes, senior vice president of policy at the Healthy Minds Policy Initiative, said modifying the approval mechanism would not require a constitutional amendment. Hayes noted that 19% of Oklahomans experienced a substance abuse issue in the past year, and three-quarters of those individuals did not receive treatment.

Hayes emphasized that the issue does not discriminate based on county population or service access. The state aims to address growing mental health and substance abuse needs through statewide implementation of the fund.