Juvenile Diversion Standards
RCAO JUVENILE DIVERSION GUIDELINES April, 2014 A case will be screened for diversion if the alleged offense is one listed in the attached document. In addition to the present offense, the diversion screener will consider the juvenile’s prior history, the unique circumstances of the case and the availability of appropriate pre-charge diversion programming. A juvenile is ineligible for diversion for the following reasons: 1) The present offense involves actual physical harm to another person. 2) The present offense involved the use or threatened use of a weapon. 3) The victim was threatened with substantial or great bodily harm. 4) The present offense involved predatory behavior. 5) The present offense involved fleeing in a motor vehicle. Based upon the circumstances surrounding the present offense, a juvenile may also be ineligible for diversion for the following reasons: 1) The juvenile has a prior history of assaultive or threatening behavior. 2) The juvenile has previously been referred to court for a delinquent act (does not include petty offense(s)). 3) The juvenile has previously been referred to diversion and failed to successfully complete the diversion contract (exceptions may be made if the failure to complete was based on an inability to contact the juvenile or other extenuating circumstances). Based upon the circumstances surrounding the present offense, a juvenile may be eligible for diversion, despite previous referral to diversion under the following circumstances: 1) The juvenile has previously successfully completed a diversion contract, the screener and diversion provider agree that the juvenile is appropriate for diversion and the present offense is one that would otherwise qualify for diversion. 2) The present offense is submitted while the juvenile is still in diversion for the previous offense (thus giving the diversion provider the opportunity to address the present offense as well as the prior offense).
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