What is the Diversion Program?
The Diversion program is a voluntary, confidential alternative to the formal court process for first time juvenile and adult offenders. Each case is referred by the State’s Attorney to Diversion on an individual basis. An individual can only go through the Diversion Program one time.
In order to participate in the Diversion Program, individuals must accept responsibility for their unlawful action(s).
If the individual is interested in participating in the Diversion Program, they are scheduled to meet with a case manager for an intake. The intake process is much like an interview that obtains the current address and telephone number of the individual as well as their educational goals, employment history, etc. At the intake, the case manager asks the individual to describe in detail how and why they committed the offense. If there is a victim(s) involved, they are contacted and asked to submit a Victim Impact Statement.
By successfully completing the Diversion Program, the individual is given an opportunity to make amends for the wrong(s) they have committed and not have a criminal record.
How does Diversion work?
The Diversion Board is comprised from a diverse group of Washington County community volunteers. Each member receives a copy of the intake interview for each case (and a victim impact statement if pertinent), meets with the individual, and then decides whether or not to accept the individual into the Program. After acceptance into the Program, the Board discusses the circumstances as well as the impact of the crime. After discussing the incident with the individual, the Board designs a contract that holds the individual accountable to the victim(s) and/or community with specific conditions that relate to the crime in order to remedy the wrong committed. If the individual is rejected by the Board, the case is returned to the State’s Attorneys Office for prosecution.
What is a Diversion contract?
The fundamental elements of a Diversion contract include some or all of the following:
- Restitution for property loss or damage
- A letter of apology to the victim
- Community service work at a non-profit or government agency.
If applicable, the Board may also mandate:
- Substance abuse or other counseling
- A job search or explore educational opportunities
- Attend substance abuse awareness programs
- Write an in-depth research paper
How much time does it take to complete Diversion?
Diversion contracts are created on an individual basis; no two are the same. The length of time to complete the contract is based, in part, on the conditions of the contract, the client’s financial and living arrangements, as well as other pertinent information. On average, contracts are completed between two to six months from the date of the Board meeting.
How much does it cost to be in the Diversion Program?
The fee to enroll in the Diversion Program is $175.00 for one misdemeanor charge and $75.00 for each additional charge. It is $300.00 for a felony charge. For individuals who are referred through the Family Court, the fee is $100.00 regardless of the number of charges.
What are the eligibility requirements to be in Diversion?
The individual must be over the age of 10, not been convicted of a prior offense in Vermont or any other state, and not been through any Vermont Diversion Program. The individual must admit and accept responsibility for their unlawful actions. A person who was convicted of an offense and had their record expunged is considered to have a conviction. Therefore, that individual is not eligible for Diversion unless the expungement was due to the individual’s innocence.
Some cases that fall outside of these guidelines may be accepted in the interest of justice with the approval of both the State’s Attorneys office and the Diversion Program office. |
What happens upon successful completion of Diversion?
Upon successful completion of the Diversion contract, the case manager writes a letter to the individual, the State’s Attorney and the court of jurisdiction. The State’s Attorney then dismisses the charges and the court record may be sealed after two years.
What happens if Diversion is not successfully completed?
If the individual fails to satisfactorily complete the conditions of their contract, their case is returned to the State’s Attorney for prosecution through the court of jurisdiction. Once the case is returned to the State’s Attorneys Office, the individual is not eligible to participate in Diversion again.
What is the Alcohol Safety Program?
The Alcohol Safety Program (ASP) was created by the Legislature in 1999 in response to the high percentage of underage drinking in Vermont. See 7 V.S.A. Section 656.
The Alcohol Safety Program is for minors 16 years of age or older who falsely represent their age to obtain alcohol, possess alcoholic beverages and/or consume alcoholic beverages.
The requirements to fulfill the Alcohol Safety Program must be completed within 60 days from the date of enrollment into the program. The requirements are to abstain from the use of illegal substances for the duration of the enrollment period; have a substance abuse assessment by a licensed provider and comply with any and all recommendations; pay the enrollment fee; complete between 16 and 32 hours of community service; and complete a reflective contract component regarding their substance use.
How much does it cost to enroll in ASP?
The enrollment fee for the first offense is $175.00 and the fee for the second offense is $175.00. After the second offense, the Alcohol Safety Program is not available to individuals. If an individual receives a third offense, it is a criminal charge and they may be eligible for Diversion.
What happens if ASP is successfully completed?
Upon successful completion of ASP, the ticket is marked void and the individual has no record.
What happens if ASP is not successfully completed?
If the individual fails to comply with the ASP requirements, the ticket is forwarded to the Vermont Judicial Bureau for processing. If the Judicial Bureau finds the individual in violation, the penalty is a $300.00 fine and 90 day suspension of their privilege to operate a motor vehicle. (The suspension can apply to out-of-state license holders as well).
Are Diversion and ASP confidential?
Diversion and ASP are both confidential programs. Information will not be released without the individual’s permission except for failure to complete either program, then only the required parts of the program will be disclosed such as notification to the court, State’s Attorney or Judicial Bureau of failure.
Is Diversion effective?
Yes! The majority who complete the Diversion Program do not re-offend. Diversion collects more than 95% of the restitution due to victims. Diversion is cost effective to tax payers since it takes less time and less money to process a case than through the court system.
How is Diversion funded?
The Diversion Program is a non-profit 501(c)(3) organization that receives funding from participant fees, donations, local fundraising and state funds.
How can I donate to the Diversion Program?
There are three ways to donate to the Diversion Program.
1) Volunteer your time to be a member of the Diversion Board. Board meetings are generally held in the early evenings up to 8 times per month and one afternoon per month. We look for volunteers who are willing to commit to two review board meetings per month.
2) Make a tax-exempt monetary donation.
3) Donate books, magazines, lights, office furniture, etc.
If you are interested in supporting the Washington County Diversion Program, please contact our office at 828-0600.
Rev. 10/07 |
