Refusal of Diversion
Refusal of Diversion by the Accountability Board
The Accountability Board may make the decision to refuse to enter into a Diversion Agreement with a youth when appropriate. The following circumstances may be used to determine the refusal of services.
- A youth who has a court hearing for a criminal complaint pending.
- A youth who has failed to abide by the terms of an earlier Diversion Agreement and was referred by the Diversion Unit to the Prosecutor for termination.
- A youth with a weapons offense, assault offense, or felony as part of his/her criminal history.
- A youth who has previously rejected or been rejected by Diversion.
- A youth whose offense involved serious assaultive or threatening behavior, including domestic violence.
- A youth whose offense involved weapons.
- A youth whose offense has sexual overtones.
- A youth who, as determined by Diversion Program staff, needs a more extensive assessment.
- A youth who has "gang affiliation" as determined by law enforcement.
- A youth who refuses to cooperate or is hostile toward Diversion staff or Accountability board members.
- A youth whose offense is determined by Diversion staff to be excessively complex.
- A youth who fails to accept responsibility for his/her behavior and is not willing to discuss details of the offense.
- Any other reason as documented in the Diversion Unit's Policies and Procedures.
Rights of the Diverted Youth
A Diversion Agreement is a contract between the youth and the Accountability Boards. The contract states the requirements and completion date. Such agreements may be entered into only after the prosecutor has determined that probable cause exists that a crime has been committed and it is legally sufficient for filing criminal charges. Certain rights are guaranteed to youth. The Diversion Unit is obligated to inform the juvenile offender of the availability of free legal counsel, though the juvenile may seek legal assistance from any counsel of his/her choosing. At any point in the Diversion process, the juvenile may request his/her case be heard in court before a judge. While the Diversion Unit does not determine guilt or innocence, the juvenile must acknowledge his/her willingness to participate in Diversion and to accept responsibility for the crime.
Specifically, youth have the following rights:
- The right to a court hearing prior to signing a Diversion Agreement;
- Right to counsel at all stages prior to Diversion Agreement;
- Advisement about Diversion;
- Advisement that violation shall be the only grounds for termination of the Agreement;
- No additional punishment (outside of what is contained in the Diversion Agreement).
Diversion as Part of the Youth's Criminal Record
Files kept on diverted youth may contain only:
- The fact that the charges were made;
- The facts of the offense;
- The fact that a Diversion Agreement was entered;
- Youth's obligation under the Agreement;
- Whether the youth met obligations.
Destruction of Records
Diversion records are automatically destroyed if his/her criminal history contains only one Diversion Agreement, he/she is at least eighteen years old, two years have elapsed since completing the Diversion Agreement, restitution has been paid in full, and no criminal proceedings are pending; OR, if his/her criminal history contains more than one Diversion Agreement, he/she is at least twenty-three years old, and he/she has not been convicted of a felony or a serious offense, and has no criminal proceedings pending.
Juvenile Diversion Informational/Educational Sessions
Seminars will be grouped according to the type of offense and appropriateness for each case.
- Community responsibility
- Self respect
- Temper tantrums
- Coping with fighters, bullies and troublemakers
- Violent emotions
Drugs and Alcohol / MIP Victims Panel
- Drugs and alcohol
- Drinking and driving