Testimony: Diversion Programs in Kensington

On February 26, 2025 Chief Defender Keisha Hudson & Managing Director of Trials Andrew Pappas testified before City Council about how Philly can do better for people struggling with addiction. While programs like the Accelerated Misdemeanor Program (AMP) and Forensic Intensive Recovery (FIR) are helping, too many end up in jail instead of getting the help they need. Read the full testimony below, or download a printable version here.

Watch the testimony video below:

Good morning, Chairwoman Lozada and Members of the Committee. I’m Keisha Hudson, Chief Defender for the Defender Association of Philadelphia. On behalf of the Defender Association, I want to thank you for inviting us to testify today on the effectiveness of diversion programs for individuals suffering from substance use disorder in the Kensington area.

 

In my 22 years as a public defender, I have represented countless individuals whose struggles with addiction led them into the criminal legal system—many of them had no opportunities for treatment extended to them until they were enmeshed in the criminal legal system. I have seen firsthand how our clients get into the system, what solutions work, and how we can sustain, expand, and strengthen the diversion programs that will help them break the cycle of addiction, succeed in recovery, and successfully reenter their communities. 

 

Accelerated Misdemeanor Program:

 

The Accelerated Misdemeanor Program (AMP) is a post-arrest diversionary program that is available for eligible arrestees with no or minimal criminal histories who are facing charges for non-violent misdemeanors. This program is a collaborative effort between our office, the Department of Behavioral Health and Intellectual Disabilities, Public Health Management Corporation, the Philadelphia Police Department and the District Attorney’s Office. In November 2024, stakeholders agreed to expand eligibility criteria, allowing for more individualized participant assessments. AMP Court runs weekly and recent investments from city council, led by Councilmember Squilla and supported by many members of this committee, have improved our capacity to provide direct legal services and connection to treatment providers.

 

In the last four months (October 2024 - January 2025), we observed 446 referrals to AMP and only one revocation from the program. This high rate of success is in part attributable to the treatment providers presence in the courtroom, real time updates on program availability, and the direct transportation to treatment services they provide. Our office is also physically present to provide warm hand-offs for our clients directly to the treatment providers. 

 

Forensic Intensive Recovery (FIR) Program:

 

The FIR program was established in 1991 in response to a federal consent decree related to overcrowding in Philadelphia jails. FIR referrals were implemented as a population reduction strategy by removing those in need of treatment. While an alternative to incarceration program, and not a true diversion initiative, this program is typically discussed within the context of diversionary programming in the city.

 

Essentially, individuals who are incarcerated are referred for evaluation by a FIR evaluator to see if they qualify  for release in favor of placement at a substance abuse or mental health treatment facility. The evaluators are contracted by the City of Philadelphia to conduct the evaluations, generate and distribute reports, and assist in matching the client with an appropriate level of care. Our office processes all FIR referrals for our clients as well as those referred by private and court appointed attorneys.

 

As a result of our attorneys direct experience representing clients, we decided to take a closer look at the wait times people referred to the FIR program experience. We looked at referrals made from April to June 2024.  During that time period 654 FIRs were filed for 615 unique individuals. For 37 individuals, more than 1 FIR was filed on their behalf during an identical incarceration event so we only counted one FIR. For 2 individuals, more than 1 FIR was filed but during different incarceration periods, so we counted them as two unique referrals. So our final referral count was 617 FIRs for 615 individuals

 

Our review revealed that on average, it takes over two months for incarcerated people referred to FIR to be released from the jail. On average it takes 35 days from referral for the incarcerated person to be evaluated and then another 12 days for the report to be generated and circulated to justice system stakeholders. In 18% of referrals (113 individuals), the clients were released from the jail prior to their evaluation and were never evaluated by FIR. This is a missed opportunity to intervene. While we don’t usually discuss re-arrest, 45 of the clients (39%) released prior to their evaluation were subsequently re-arrested and re-admitted to the jail within 6 months. 

 

This process is simply not a sustainable solution to the substance use crisis we are facing in the city right now. Here at Defender, our social services staff are able to connect clients with evaluations and appropriate placement more effectively and efficiently than this process. But with limited social service advocates, serving all of our clients’ social services needs, we do not have the capacity to provide direct case management and coordination services to meet this need.

 

An additional investment in our office to expand our social services capacity to better serve all of our clients with substance use and behavioral health needs, especially those residing in or arrested in Kensington would go a long way to reducing the jail population, reducing recidivism, and offering the types of interventions people need when they are in the best position to voluntarily accept help and participate in treatment.

 

The Neighborhood Wellness Court (NWC) represents an important acknowledgment that substance use disorder is a public health crisis, not a criminal justice issue. But it ignores some of the more complicated realities of addiction and recovery. In theory, NWC offers participants an opportunity to engage in treatment and social services instead of incarceration. While this approach has the potential to help some individuals stabilize their lives, the approach relies on the threat of prosecution for a summary offense, without more, to incentivize participation.

 

Our experience as defense attorneys working with this particular population tells us that, as currently constructed, its impact will likely be limited by several key challenges:

 

  • Capacity Constraints – Wellness Court serves too few people. Last year alone, the Defender Association handled more than 1,500 new adult cases linked to arrests near Kensington & Allegheny, yet only a small fraction of those individuals would be able to access this program.

 

  • Uneven Access to Immediate Treatment Services – While most defendants can be connected to services, individuals who are not eligible (due to out of county warrants, violations of probation, wanted cards, etc) are unable to access same day services because they are sent to State Road. This not only impedes the person’s direct access to treatment but also increases the prison population.

    This isn’t just an increase in the number of people—it’s an increase to the prison’s burden of caring for people with complex medical needs, at a time when severe staffing shortages at the jails make it difficult to meet basic care standards. If diversion is to work, it must be swift and seamless—every day in jail increases the risk of relapse, overdose, and further destabilization. It also strains our city’s resources as our jail is already embroiled in federal litigation over conditions of confinement.

 

  • Lack of Holistic Support from Trusted Resources – To its credit, the NWC has leveraged the relationships established through the Police Assisted Diversion program and partnered with a number of well respected treatment providers who offer a spectrum of services in the city.

    The challenge is that these providers focus solely on substance abuse treatment, neglecting clients’ legal issues, housing needs, and underlying disabilities. Substance use and mental health treatment needs are only part of the myriad challenges faced by many of our clients. The ramifications of their legal, family, or housing situations can be overwhelming, and often cause them to miss treatment or court scheduled court dates.

    Investing in our office to provide social services, case management and legal representation could increase engagement in treatment, reduce non-appearance at subsequent court events, and prevent subsequent engagement with the criminal legal system. Peer Navigators from our office could also be used to help increase voluntary attendance for treatment and other services.

 

  • Limitations On Eligibility for Transitional Housing  – The Riverside Wellness Village is exemplary in its recognition that recovery cannot happen without stable housing. It addresses the very real issue that many participants leave treatment with nowhere to go, making their path forward far more difficult. However, in recent weeks, we’ve seen that limiting these beds to people leaving inpatient facilities prevents those whose main issue is housing—not substance use—from accessing them until a permanent solution is found.

    The beds are available, but homeless individuals processed through Wellness Court for trespassing are not permitted to stay there and are instead directed to apply for housing through DBHIDS, a process which can take 3 to 4 weeks for placement.

 

  • Legal Barriers – While wellness court provides an alternative to incarceration, it still requires individuals to enter the court system first. We need to rethink diversion as a truly pre-arrest intervention. This avoids the trauma of arrest for the clients but also reduces the administrative burden on officers who are actively present and patrolling the Kensington neighborhood. This puts patrol officers in a challenging role as both social worker and police officer.  By contrast, teams of social workers, peer navigators, and those conducting outreach outside the criminal justice system, could accomplish the same goal pre-arrest by making same-day, immediate, voluntary and direct connections to people at risk for arrest.

 

Beyond Wellness Court: A Smarter Strategy 

 

With over two decades of experience defending people in this system, I can say with certainty: we cannot arrest or prosecute our way out of this crisis. We need an approach that prioritizes treatment first, not court first.

 

Instead of relying solely on post-arrest diversion, we should be investing in:

 

  • A Kensington Pretrial Diversion Hub – A dedicated resource center in Kensington where individuals can access treatment, housing, and behavioral health support before they face criminal charges. The facility that the city established at 265 E. Lehigh Avenue can easily serve this purpose. If councilmembers have not yet toured the facility, I’d encourage you to do so. But a physical building alone is only one component necessary for this effort to succeed. If we do not incorporate basic tenets of public health, prevention, protection, and promotion of health and wellness, into substance use disorder treatment, we will not achieve the long term goal of eradicating addiction and addressing quality of life for all Philadelphians, especially residents of Kensington.

 

  • Sustained Early Bail Review Services – With the support of the MacArthur Safety and Justice initiative, our office redesigned our interview process and dedicated experienced attorneys to staff early bail review hearings. These hearings prevent unnecessary incarceration and ensure people who may need additional support–like substance abuse treatment–have access to them immediately upon their release.Over the last five years, we’ve relied on our direct experience litigating these hearings to collaborate with the other stakeholders to establish reasonable program criteria and avoid the unnecessary pretrial detention of people who can be safely released. While all of the other justice system stakeholders have sustained funding from the MacArthur initiatives, Defender’s funding has not been sustained. Despite the city’s lack of commitment, we’ve expanded our decarceration efforts to include emergency bail hearings, reducing the prison population and decreasing reliance on FIR as an alternative to incarceration.

 

But we need to couple these early bail review hearings with meaningful opportunities for diversionary programming. We could accomplish this by expanding eligibility for

 

  • Housing as the Foundation – Without housing, every diversion effort will fail. We need to expand transitional and permanent supportive housing tied to diversion programs so that it is not limited to only those people with the most significant treatment needs. Furthermore, we need to prioritize all justice system-involved people for housing assistance. Instead of serving as an additional barrier to housing, an arrest, particularly for something like trespass, could and should signal that this person is most in need of housing support.

 

  • Community-Led Solutions – The most effective interventions are those that do not require court involvement at all. We need more investment in harm reduction, peer-led outreach, and direct connections to treatment services.


Conclusion

Our office’s experience in representing clients from marginalized and vulnerable populations have shown us firsthand the consequences of policies that rely on punishment rather than support. I myself have represented people whose struggles with addiction were met with incarceration instead of intervention. And I have seen how diversion—when done right—can change lives.

 

The Defender Association is committed to working with City Council, the courts, and community partners to implement meaningful solutions. But we must recognize that real diversion happens outside of the courtroom. If we want to reduce crime, save lives, and strengthen our communities, we must move away from criminalization and toward treatment, housing, and real public health responses. This includes prevention initiatives that address root causes of substance use, including mental health issues and exposure to trauma. It includes investing in protections for vulnerable people and creating meaningful emergency response plans for those whose involvement in the criminal legal system is tied to substance use disorder. It also promotes health and wellness by removing barriers linked to poverty, racism, and gender discrimination.

 

Thank you again for including the perspective of Defender Association in this critical conversation. My team and I welcome any questions you may have today or in the near future.

Keisha Hudson Testimony on Legal Services for Immigrants

On January 22, 2025, Chief Defender Keisha Hudson delivered testimony before City Council on the increased need to provide legal representation to undocumented people in Philadelphia. Read the full written testimony below, click here for a printable version, or watch the video:

 

 

Good morning Chairwoman Gilmore Richardson, Vice Chair Brooks, and Councilmembers Bass, Landau, O’ Neill, Phillips, and Squilla. I’m Keisha Hudson, Chief Defender  at the Defender Association of Philadelphia. 


Thank you Councilmember Landau for introducing this resolution and for the opportunity to present to the committee the current legal services Defender provides to clients facing immigration consequences from their involvement with the criminal justice system and our plan to expand our legal services to provide direct representation to Philadelphians, including those not involved with the criminal legal system, who are at risk of deportation.


Currently our office has two part time ‘crimmigration’ attorneys who split their time between us and the Nationalities Services Center (NSC) and one mitigation specialist. This team works in conjunction with our appellate attorneys to advise our attorneys as to the immigration consequences our clients will face as a result of their involvement with the criminal legal system. 


Client Profile: Mr. B


This team helps people facing immigration challenges, like Mr. B., a non-citizen from the Dominican Republic who last came to the U.S. in 2022. He had been removed by Customs and Border Protection (CBP) before, but he returned after the Trinitarios gang—who had already harmed him—tried to kill him again. In 2023, he was arrested in Philadelphia for a first-time DUI and later detained by ICE in another state.


Our crimmigration attorney, Whitney Viets, and mitigator, Daniela Tovar Martinez, put together a strong request for his release. They included detailed evidence showing his good character, strong family ties in the U.S., and the serious health issues of his loved ones back home. His defense attorney, Edward Jilozian, helped get his DUI case withdrawn, which strengthened our case for release. These requests are rarely approved, but in Mr. B.’s case, ICE granted his release last summer.


Now, Mr. B. is able to keep supporting his 7-year-old twin daughters, who have severe asthma, and his elderly mother, who is battling cancer. His release means he can continue to help pay for their medical care while he waits for his immigration hearing, which may not happen until 2027 or later.


Our Current “Crimmigration” Legal Representation


Currently our immigration work, like that involving Mr. B., is funded through our partnership with the NSC, the organization which holds the contract with the city to provide immigration services. These services are currently  funded by the Pennsylvania Immigrant Family Unit Project (PAIFUP) grant. This project provides legal representation to people detained by ICE through the PAIFUP who lived, worked, or studied in Philadelphia before detention, or plan to reunite with family in the city after their release.


Services supported by the PAIFUP project use a universal representation model that screens eligible individuals for services and offers representation regardless of the strength of their immigration case. When capacity allows, the services include representation of not just detained persons, but also people who reside, work in, or go to school in Philadelphia who are at risk of detention and deportation.  


Since 2019, PAIFUP has grown from just 3 to roughly 5 full time attorneys, and has represented 213 members of the community. But the overwhelming majority of people processed by Philadelphia Immigration Court still lack legal representation. Since October 2019, 65% of the 102,671 deportation cases processed by Philadelphia Immigration Court were unrepresented individuals. Legal representation matters–
39% of PAIFUP clients whose cases were completed have achieved outcomes that allow them to remain in the United States versus only 19% of unrepresented cases.


Representation also helps to maintain strong and stable communities in the city. For example, among people who were initially detained,
45 percent of clients were released from custody, either on bond or at the conclusion of their legal cases, allowing them to stay within the community and with their families or jobs.


Additionally, representation enables our clients to effectively raise their legitimate defenses with
70 percent of clients applying for some legal defense against deportation, and among these people, 80 percent pursued protection-based claims for relief, like asylum.


The Case for Expansion of Services


With the support of the Nationalities Services Center (NSC), and other partner groups currently receiving funding through the city’s contract with NSC, we seek resources to expand our immigration services and take on a larger role in the administration of PAIFUP.

 

We will keep working with our partners to make sure a portion of PAIFUP funds are used to support peer-to-peer support, helping organizations share best practices in managing finances and contracts for this statewide legal effort. We’ll also continue supporting community groups and legal service providers to make sure no Pennsylvania resident faces detention or deportation without a lawyer.

 

In practice, this proposal would mean that the Defender Association will create an Immigration Defense Unit within our office, staffed with attorney and non-attorney members who specialize in defense and removal practice in federal court. This unit will ideally comprise 13 attorneys and non-attorneys, including 2 legal fellows.

 

A recent report estimates that nearly 50,000 Philadelphians may be at risk of detention or deportation in the upcoming years.To meet anticipated needs, we believe the Defender Association should expand its partnership with the existing network of community organizations, house all of the services in one shop and invest in additional staffing similar to other large scale public defender and community partnerships in places like New York, Los Angeles and Chicago. This will ensure more people have a chance of receiving quality representation by doubling the staff currently working on these issues, while expanding service capacity by allowing for much more effective representation.

 

Ultimately, this restructuring would: streamline divisions of labor and case acceptance; prevent duplication of resources; add professional and administrative staff to assist with investigative, family support, and social services;  and house all part time employees under one shop and one supervisor.

 

To fund this project the Defender proposes absorbing the PAIFUP funding and seeking an additional investment from the city of $800,000.


Conclusion


While the future of undocumented members of our community is uncertain, we must anticipate that members of immigrant communities throughout the city will face even greater challenges in the years ahead. That’s why it’s crucial for our office to expand its legal representation for immigration. Now more than ever people at risk of deportation need a streamlined, well-resourced, and responsive legal team to ensure their individual rights are protected and they have access to the resources and advocacy they need. 


During the first Trump administration, our city faced challenges when federal funding was delayed or withdrawn because our city’s policies did not align with the federal requirements. In the upcoming months or years, the city may be faced with tough economic choices as it balances the needs of our community. 


Committing to an expansion of PAIFUP’s and the Defender’s immigration services will allow us to be better prepared to anticipate upcoming shifts in policy and ensure that we are equipped to help Philadelphians navigate the complexities of immigration law in this ever changing environment.

 

Defender x HU Public Defender Incubator Program

Howard University School of Law just launched a brand-new program, the Public Defender Incubator Program (PDIP), aimed at training the next generation of public defenders.

 

The goal of the program is to bring more passionate and skilled lawyers into public defense field and fight for justice where it’s needed most. The Defender Association is thrilled to support Howard in this mission and can’t wait to see these future defenders in action!

 

Defender Association attorneys and staff will be partnering in a variety of ways, including class presentations,  and participation in mock interviews and mock trials. We’ll share more images and updates as Howard Law takes this important step toward growing the public defense field. 

Keisha Hudson on Prison Oversight Bill

PHILADELPHIA—“The Defender Association commends Councilmembers Isaiah Thomas and Nicolas O’Rourke, as well as all the co-sponsors (Council President Johnson, and Councilmembers Ahmad, Bass, Brooks, Driscoll, Gauthier, Harrity, Jones, Landau, Lozada, O’Neill, Phillips, Squilla, and Young) for their leadership in introducing an amendment to create a new Philadelphia Prison Community Oversight Board and Office of Prison Oversight.

 

“This legislation is a strong and crucial first step toward addressing the persistently dangerous conditions in Philly’s jails. We’re hopeful that the new oversight will increase transparency; improve communication between the jails and our office, as well as between the jails and the community; and enhance safety for both incarcerated people and prison staff by reducing the jail population.

 

“This legislation represents a thoughtful and comprehensive approach to public safety that goes beyond law enforcement, arrests and convictions. To that end, we echo the sentiments of Councilmembers Thomas and O’Rourke, who remind us that we have a responsibility to all of our citizens–including those behind bars.” 

 

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Helen Gym to Join Defender Board

PHILADELPHIA–The Board of Directors of the Defender Association of Philadelphia is proud to announce that Helen Gym will join the Board of Directors as a Community Board member [effective this month]. Helen Gym is a foundation fellow and a former Philadelphia City Councilmember who established right to counsel protections for tenants facing eviction and for immigrants facing deportation.

 

“Helen offers the Board a wealth of experience and insight through her lifelong commitment to social justice,” said Defender Board president Paul Hetznecker, “For the past three decades Helen has been a leader in fighting for immigrant communities, public education and human rights. Her policies uplifted the needs and voices of youth and families, particularly those in the child welfare and juvenile justice systems. We are very excited to have Helen join our 90-year mission to provide the best representation to the residents of Philadelphia charged with crimes who cannot afford a lawyer.” 

 

“Helen Gym’s record of fighting for marginalized communities in Philadelphia is legendary,” said Chief Defender Keisha Hudson, “Our board will benefit greatly from her leadership experience and vast knowledge of our city.”

 

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If you or a loved one have an open case, watch this series of videos that explains the process from arrest to sentencing

 

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Defender Association Response to $25 million Prison Settlement

PHILADELPHIA–”Although the court’s $25 million civil rights class-action settlement over prison conditions is a significant step, it is unfortunate that it’s taken repeated judicial intervention for the City of Philadelphia to fulfill its obligations. Judge McHugh’s ruling underscores the city’s ongoing failure to address the safety and dignity of incarcerated individuals. The well-being of those in custody in the Philly jails and the employees who work there should never be an afterthought, and we hope this ruling is a catalyst for lasting reform.

 

We have repeatedly called attention to the inhumane conditions faced by those held in the Philadelphia Department of Prisons. The severe lack of transparency, inadequate staffing, and overcrowded facilities are ultimately a threat to both human rights and public safety. The city’s failure to heed these warnings and take decisive action has left the courts no choice but to step in.

 

Our office has been advocating for the solutions outlined by Judge McHugh in his order, including assessing the release of low-risk, medically vulnerable individuals. While the order outlines processes to address the understaffing, the jail won’t be able to hire itself out of this crisis. We need to lower the population so that at least the oldest jail can be retired and the staff there reassigned where needed. These measures are critical steps that could significantly ease the burden on staff and improve safety conditions. 

 

The Defender Association reiterates its call for the city to work in collaboration with every justice system stakeholder, community leaders and advocates to implement changes that prioritize safety, transparency, and accountability within our jails and across the justice system. But to ensure these changes are lasting and meaningful, we need to establish a permanent oversight body that can collaborate with prison administrators to prevent similar crises in the future. 

 

Those incarcerated on State Road and the prison employees are citizens of Philadelphia. We can’t afford to leave them out of the public safety conversation.”

Join Our Youth Action Board!

Are you 18-23, currently system involved, or have you transitioned out of the system? Do you have something to say? Apply to join our Youth Action Board!

 

The Youth Action Board (YAB), is a youth-led collective that aims to amplify the voices of older youth (ages 18-23) who have experienced the foster system. Together, our mission is to evoke change and bring awareness to the issues older youth face as they transition out of the system.

 

The YAB advocates for:

 

-Raising awareness for youth and connecting them with important services;

-Dismantling systemic injustice and improving legal representation;

-Encouraging services that are culturally aware, trauma informed, and courteous;

-Conflict resolution and effective communication; and

-Promoting leadership, story telling, and uplifting

 

The YAB will campaign, organize, and advise on issues strictly impacting Older Youth in child-serving systems. This group will guide how to better serve and represent youth in ways that respect their agency.

 

This is an opportunity for you to be heard and to be at the forefront of making a difference! Apply to be a part of the Youth Action Board!

 

Fill out the Youth Action Board application here

 

Download and share the Youth Action Board Flyer

 

 

Jr. Defenders: Making Positive Change!

We are super proud of our Junior Defenders at Gompers Middle School!

 

These young advocates have shown incredible dedication and teamwork by using collective resistance to push for better school lunches. Their efforts culminated in a powerful presentation to representatives from the Philadelphia School District.

 

Collective resistance is just one of the many initiatives we teach in our 6-week youth program. Through this program, students learn the importance of advocacy, community engagement, and standing up for their rights. The success of the Junior Defenders at Gompers Middle School is a testament to the impact of these lessons.

 

We believe that empowering youth with the skills to advocate for themselves and their communities is crucial. These young leaders have demonstrated that with the right tools and support, they can make meaningful changes in their schools and beyond.

 

Learn more about the Junior Defender program

Follow us: @PhillyDefenders