As provided by Chapter 45, subchapter “E” of the Texas Code of Criminal Procedure, and contingent on eligibility, a child shall be diverted from formal criminal prosecution through an established Youth Diversion program.
The Youth Diversion Plan allows a child the opportunity to complete a Youth Diversion plan with realistic and reasonable terms, Municipal Court Judge or the Youth Diversion Coordinator. Terms may include a combination of conditions such as community service, an educational program, counseling, letters of apology, and/or restitution, etc. A child’s participation is voluntary and requires the child to accept responsibility for his or her conduct and engage in a diversion agreement.
The Juvenile Case Manager or Youth Diversion Coordinator will monitor the child’s compliance throughout their participation in the program which may run up to 180 days. If the child satisfies all the requirements of their diversion agreement, there will be no further proceedings related to the case. If the child withdraws or does not successfully complete the diversion agreement, the JP/Municipal Court will conduct a hearing to determine if the diversion was unsuccessful. If it is determined the diversion measures were unsuccessful, the court may transfer the child to a juvenile court or formally file the charge against the child for criminal prosecution, with the prosecutor’s approval.
If it is determined that more time is necessary for a young person to successfully complete the diversion, a diversion contract can be extended and/or adjusted.
Eligibility
1. The child is charged with a misdemeanor offense, punishable by fine only, other than a traffic offense.
2. A child has not entered into a diversion agreement in the past 365 days.
3. A child is not eligible for diversion if the child previously had an unsuccessful diversion.
4. A child is not eligible for diversion if a diversion is objected to by the attorney representing the state.
5. A child may not be diverted from criminal prosecution without the consent of the child and the child’s parent/guardian.
6. The child is at least 10 years of age and younger than 17 years of age.
Youth Diversion Goals
1. Prevent formal criminal prosecution.
2. Empower the child to accept responsibility for his/her actions.
3. Encourage acceptance of their consequences.
4. Deter future criminal conduct.
5. Prevent the creation or extension of criminal records.
6. Reduce the reoccurrence of problem behaviors leading to gateway misdemeanors.
7. Avoid currency punishments for youth and their parent/guardians with limited financial resources.
Youth Diversion Plan
1. Bring together participants (e.g., child and parent(s)/guardian), Judge, Youth Diversion Coordinator or Juvenile Case Manager, prosecutor, etc.)
2. Conduct a meeting and review charge(s).
3. Ensure the child and parent(s)/guardian understand participation is not an admission of guilt and is voluntary.
4. Discuss the best course of action for the diversion plan.
5. Set requirements and ensure the child and parent(s)/guardian comprehend the diversion agreement.
6. The child and parent(s)/guardians) accept and sign the individualized, written diversion agreement. The agreement will include term(s) of compliance, duration of the agreement, and a date by which conditions must be met. (These terms and conditions will be set on a case-by-case basis).
Strategies
The court may require a child to participate in a program, as referenced in Chapter 45, Code of Criminal Procedure, Subchapter E. Youth Diversion, Art. 45.305, which include but are not limited to:
1. Require a child to participate in a court approved teen court program.
2. Perform Community based services at a non-profit organization or government agency that provides services to the general public that enhances the social welfare and general well-being of the community.
3. Attend a work and job skills training program.
4. Attend a preparatory class for the high school equivalency examination, administered under section 7.11, Texas Education Code
5. Attend an alcohol or drug abuse program.
6. Partake in counseling, including private or in-school counseling.
7. Partake in mentoring.
8. Require the child to pay restitution for an offense against property.
9. Require the child’s parent/guardian to pay $50.00 diversion fee if required by statute.
Case Management
During the diversion period, the Judge, Youth Diversion Coordinator, Juvenile Case Manager, or Prosecutor will follow-up periodically for the sole purpose of evaluating program progress. Follow-up measures may include:
1. Follow-up calls to the child and parent(s)/guardian.
2. Conduct home visits.
3. Contacting the Community Service provider.
4. Communication with school officials.
5. Conduct additional meetings as needed.
6. Referrals to educational classes and community service providers.
Conclusion of Case
If the child successfully complies with the terms set in the diversion agreement, the case is closed without further prosecution and is reported as successfully completed. Should the child voluntarily withdraw from the diversion agreement or fail to comply with the terms of the agreement, the court will:
1. Conduct a non-adversarial hearing.
2. Determine if an extension period should be granted to comply with the diversion agreement.
3. Review the terms of the diversion agreement and amend if needed.
4. Transfer the child to juvenile court.
5. Refer the charges to the Prosecutor for filing consideration.
6. Issue an order of contempt against the parent(s)/guardian.
Procedures
Once it is determined that the youth qualifies for the youth diversion program and has agreed to participate in the program:
1. Youth and parent/guardian will meet with Freer Municipal Court Juvenile Case Manager (JCM) Sgt. Oscar Longoria Jr. and fill out Juvenile Diversion Program Agreement and all required paperwork.
2. At intake JCM Sgt. Oscar Longoria Jr., youth and parent/guardian will go over the program expectations, court orders, and goals.
3. The program is 12 weeks (3 Months). (Extension if necessary.)
4. The caseworker will meet with referring court and provide progress reports on a monthly basis.
5. Once the program is complete, the Juvenile Case Manager will send a successful completion certificate to the referring court. The case is then closed without further prosecution.
6. If the youth fails to participate or comply with program expectations, the Juvenile Case Manager will return the referral to the sending court as unsuccessful.
7. If unsuccessful, the referring court will refer to the prosecutor for formal proceeding or transfer to the Juvenile Court.
