In criminal procedure, a system for giving a chance for a first-time criminal defendant in lesser crimes to perform community service, make restitution for damage due to the crime, obtain treatment for alcohol or drug problems and /or counseling for antisocial or mentally unstable conduct. If the defendant cooperates and the diversion results in progress; the charges eventually may be dismissed. Usually diversion may not be granted for a second offense. (http://dictionary.law.com)
a disposition of a criminal defendant either before adjudication or following adjudication but prior to sentencing, in which the court directs the defendant to participate in a work, educational, or rehabilitation program.
When a family that has been accused of abuse and/or neglect but the system believes that with services the children will be safe. The parents agree to a group of services ranging from parenting classes to drug treatment. This is usually a voluntary action by the parents. The child can even be entered into the system, for example, taken to the shelter, and the family goes into diversion. This is preferable to placing the child away from the family when it is deemed safe.
Diversion is a program that allows defendants that qualify to complete an alcohol evaluation and treatment and the Victims Impact Panel class. If the program is successfully completed, after a year the case will removed from the defendant's record. The other benefit is there is not a one year license suspension because there is not a conviction if the program is successfully completed. Generally, a person is eligible for diversion if they have not been convicted of DUI or its equivalent in another state for the 10 years prior to the date of the new citation and does not have another DUI pending in any jurisdiction. The case cannot involve an accident where a person was injured as a result. [ return to top of glossary
The official halting or suspension, at any legally prescribed point after a recorded justice system entry, of formal criminal or juvenile justice proceedings against an alleged offender. The suspension of proceedings may be in conjunction with a referral of that person to a treatment or care program administered by a nonjudicial or a private agency.
a contract between the defendant and the prosecution (the court has nothing to do with it)
is a dispositional practice is considered diversion if: (1) it offers persons charged with criminal offenses alternatives to traditional criminal justice or juvenile justice proceedings; and (2) it permits participation by the accused only on a voluntary basis; and (3) it occurs no sooner than the filing of formal charges and no later than a final adjudication of guilt; and (4) it results in a dismissal of charges, or its equivalent, if the divertee successfully completes the diversion process. 25
An alternative to trial decided upon at intake to refer the child to counseling or other social services; applicable to about 50% of all cases.
an alternative to trial of a case where the youth is referred to counseling services.
The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.
An alternative sentence (rather than jail) where a defendant is placed in a program, supervised by Probation or District Attorney.
The use of measures other than prosecution or a criminal conviction for an act that nonetheless remains against the law. Diversion can take place before a charge is formally laid, for example if the accused person agrees to undergo treatment. It can also occur at the time of sentencing, when community service or treatment may be imposed rather than incarceration.
Instead of going to jail, a defendant goes to a rehabilitation program and is supervised by a probation officer. When the defendant finishes the program, the charges are dismissed. The defendant is not convicted.
Process of removing certain minor criminal, traffic or juvenile cases from full judicial process on condition that accused undergo some sort of rehabilitation or training, e.g., job training. If defendant completes probation successfully, the charges may be dropped.
a method of dealing with offenders (usually, juveniles) without taking court proceedings.
A process that offers an individual charged with a criminal offense an alternative to traditional criminal justice proceedings on a voluntary basis. Diversion occurs in the period between the filing of formal charges and a final adjudication, and results in a dismissal of charges, or its equivalent, if the divertee successfully completes the diversion process.
Alternative to a trial which is decided by the intake whether or not to send the juvenile to counseling or other social service programs.
Diversion is a pre-court procedure where a Crown uses his or her discretion on a case by case basis not to prosecute an alleged offender. Instead the alleged offender is referred to an individual or agency (with or without the intervention of a probation officer) with the intent of establishing an agreement by which the prospective divertee undertakes to accept, and is given the opportunity to demonstrate, personal responsibility for the alleged offence.
The process of removing a minor case, like traffic or juvenile, from the full judicial process. The request will usually be granted if the accused undergoes some sort of rehabilitation or pays for damages.
The procedure of postponing prosecution of a criminal offense, either temporarily or permanently, at any time in the judicial process from the time of initial charge until adjudication.
The removal of a case from the justice system while requiring the defendant to comply with various conditions.