Pretrial diversion programs for juveniles

Description: Restorative justice as a program for eligible offenders. M.S.A. § 388.24 Minnesota Statutes Annotated Currentness Counties, County Officers, Regional Authorities (Ch. 370-403) Chapter 388. County Attorney (Refs & Annos) 388.24. Pretrial diversion programs for juveniles Subdivision 1. Definition. As used in this section: (1) a child under the jurisdiction of the juvenile court is an “offender” if: (i) the child is petitioned for, or probable cause exists to petition or take the child into custody for, a felony, gross misdemeanor, or misdemeanor offense, other than an offense against the person, but has not yet entered a plea in the proceedings; (ii) the child has not previously been adjudicated in Minnesota or any other state for any offense against the person; and (iii) the child has not previously been petitioned for an offense in Minnesota and then had the petition dismissed as part of a diversion program, including a program that existed before July 1, 1995; and (2) “pretrial diversion” means the decision of a prosecutor to refer an offender to a diversion program on condition that the delinquency petition against the offender will be dismissed or the petition will not be filed after a specified period of time if the offender successfully completes the program. Subd. 2. Establishment of program. By July 1, 1995, every county attorney shall establish a pretrial diversion program for offenders. If the county attorney's county participates in the Community Corrections Act as part of a group of counties under section 401.02, the county attorney may establish a pretrial diversion program in conjunction with other county attorneys in that group of counties. The program must be designed and operated to further the following goals: (1) to provide eligible offenders with an alternative to adjudication that emphasizes restorative justice; (2) to reduce the costs and caseload burdens on juvenile courts and the juvenile justice system; (3) to minimize recidivism among diverted offenders; (4) to promote the collection of restitution to the victim of the offender's crime; (5) to develop responsible alternatives to the juvenile justice system for eligible offenders; and (6) to develop collaborative use of demonstrated successful culturally specific programming, where appropriate. Subd. 3. Program components. A diversion program established under this section may: (1) provide screening services to the court and the prosecuting authorities to help identify likely candidates for pretrial diversion; (2) establish goals for diverted offenders and monitor performance of these goals; (3) perform chemical dependency assessments of diverted offenders where indicated, make appropriate referrals for treatment, and monitor treatment and aftercare; (4) provide individual, group, and family counseling services; (5) oversee the payment of victim restitution by diverted offenders; (6) assist diverted offenders in identifying and contacting appropriate community resources; (7) provide educational services to diverted offenders to enable them to earn a high school diploma or GED; and (8) provide accurate information on how diverted offenders perform in the program to the court, prosecutors, defense attorneys, and probation officers. Subd. 4. Reporting of data to criminal justice information system (CJIS). Effective August 1, 1997, every county attorney who establishes a diversion program under this section shall report the following information to the Bureau of Criminal Apprehension: (1) the name and date of birth of each diversion program participant and any other identifying information the superintendent considers necessary; (2) the date on which the individual began to participate in the diversion program; (3) the date on which the individual is expected to complete the diversion program; (4) the date on which the individual successfully completed the diversion program, where applicable; and (5) the date on which the individual was removed from the diversion program for failure to successfully complete the individual's goals, where applicable. The superintendent shall cause the information described in this subdivision to be entered into and maintained in the criminal history file of the Minnesota Criminal Justice Information System. Subd. 5. Repealed by Laws 1997, c. 7, art. 2, § 67. CREDIT(S) Laws 1994, c. 576, § 42, eff. July 1, 1994. Amended by Laws 1995, c. 226, art. 4, § 19, eff. July 1, 1995; Laws 1995, c. 259, art. 1, § 54. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update 1997 Legislation Laws 1997, c. 7, art. 2, § 72, provides in part that § 67 (in part repealing subd. 5) is effective retroactive to October 15, 1995. 1996 Main Volume Laws 1995, c. 226, art. 4, § 19, and Laws 1995, c. 259, art. 1, § 54, identically amended subd. 4 by making the reporting requirement effective August 1, 1997. NOTES OF DECISIONS In general 1 1. In general A “diversion” involves a deal between the prosecutor and the offender where the prosecutor either dismisses the charges or does not bring any charges on the condition that the offender successfully completes a diversion program; this type of agreement does not require an offender to admit in court or after trial to a controlled substance offense, as a primary purpose of the pretrial diversion program is to avoid court and a trial altogether. In re J.R.M., App.2002, 653 N.W.2d 207. Sentencing And Punishment 2051 M. S. A. § 388.24, MN ST § 388.24 Current with laws of the 2009 Regular Session, Chapters 1 through 58 (C) 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT

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