Court Diversion Agreement

In Florida, several counties offer a diversion program for U.S. Army veterans. Those who qualify and complete the program are removed and can withdraw the matter from their protocol. [17] The diversion unit is in contact with the youth and a diversion committee. The Chamber will inform him of his rights, discuss the nature of the crime and the surrounding circumstances. The Chamber will determine the appropriate consequences (penalty) for the juvenile offender and set the terms of the sentence in the form of a contract known as diversion, which may include restitution to the victim for losses, community service (volunteering in a public or non-profit agency), fines and/or a referral, information or education meeting to the victim. It is expected that the young person will meet the conditions of the diversion agreement within the expected time frame or the diversion unit will refer the case to the Public Prosecutor to initiate formal legal proceedings. Under certain conditions, the young person may be counselled and released without further punishment. The decision on the deviation of young people is taken by the public prosecutor`s office. [25] A social worker is then assigned to assess the adolescent`s biopsychocial profile. [26] At the end of the assessment, the social worker recommends including a number of requirements in a transfer contract. [27] The mediation process begins with the consent of the victim. [28] The case is assigned to a neutral/independent mediator.

[29] The Ombudsman`s mission is to facilitate dialogue between the perpetrator and the victim, to support the reconciliation process and to reach an agreement on damages. [30] Some jurisdictions in the United States may offer diversion programs for drunk driving expenses. [15] Such a program is the Victim Impact Panel (VIP), managed since 1982 by Mothers Against Drunk Driving (MADD). MADD generally calculates a $25 „donation“ (which is defined as voluntary), even for court-mandated attendances; MADD reported $2,657,293 per year for such donations on its exempt tax returns. [16] The availability of redirection programs depends on the jurisdiction, the nature of the crime (usually non-violent offences) and, in many cases, the exercise of the Crown`s discretion. [13] A New York Times investigation in 2016 showed that some prosecutors collected significant fees for diversion programs and received significant revenue from you. [14] These charges may be an obstacle for irreprojected defendants who have access to a diversion. A guilty verdict is often a prerequisite for access to a diversion program.