Report: Native youths in Washington less likely to get diversion after first offense

A recent analysis indicates that racial disparities regarding court leniency widen significantly with subsequent offenses, prompting lawmakers to implement stricter data collection requirements

Native American youths in Washington are less likely than white youths to be offered diversion from juvenile court, particularly after a first offense, according to InvestigateWest. A 2025 analysis by the Washington Center for Court Research found that disparities widen when prosecutors decide on diversion for second and third offenses in large counties. “It’s rinse-repeat,” Indigenous rights attorney Gabe Galanda, a citizen of the Round Valley Indian Tribe, was quoted as saying. Researchers called the findings “really disheartening,” said Joshua Rovner of The Sentencing Project.

Lawmakers and researchers are pushing for better tracking. House Bill 1391 requires the state to define and collect data on formal and informal diversion. King County plans to replace most prefiling diversion programs after audits questioned performance and financial practices. The research center reported “very strong” evidence that race and ethnicity influenced diversion decisions for Native youths in Pierce County and “moderately strong” evidence in Spokane County, according to the report.

November 30, 2025