What is a Diversion

What is a Diversion?

Each year, more than 35,000 juvenile offenders are referred to Diversion units throughout the state. Typically, these cases involve youth ages 8 to 17 that are alleged to have committed offenses such as shoplifting and other thefts, possession of alcohol, minor assaults, malicious mischief and trespassing.

Each case is handled on an individual basis by Juvenile Department staff and/or volunteers. Diversion meetings take place at the Juvenile Department. Court appearance is not required.

Diversion Agreements hold youth accountable by:

Assigning community service work to benefit the youth's community
Reimbursing victims for losses
Providing information and/or educational programs
Assisting families in finding needed services for their children

Diverting a substantial number of juvenile offenders allows the Court to spend the necessary time and resources on the more serious and chronic offenders in the system.

Community Accountability Board (CAB)

The Community Accountability Board (CAB) includes members of the local community. After an intake meeting with the Diversion Officer, the youth meets with the Board to discuss the offense. It is hoped that through the Board process the youth will realize the connection between the youth’s behavior and its effects on the youth and others in the community. After the youth and the Board discussed the offense, the Board writes a Diversion Contract and offers it to the youth. The youth may be required to report to the Board on their progress.

The Board meets on the third Monday of each month. If the third Monday is a legal holiday the Board will meet on the third Tuesday of the month. The meetings are not public. Only those directly involved with the case may attend (i.e. parent/guardian and youth).

Juvenile Court

Youth may be sentenced to juvenile detention
Legal File and Court hearings are public information
Numerous Court appearances are required
Probation is ordered by the Judge for a mandatory period of time
Mandatory $75.00 or $100.00 fee assessed (to be paid by the youth)
Each conviction appears on the youth’s criminal history and is counted on the sentencing matrix
Legal and Social Files must be petitioned to be sealed (they cannot be destroyed)
Early reinstatement of the driver’s license is at the discretion of the Court

Diversion

Juvenile Detention cannot be imposed
All Proceedings and case records are confidential
Court appearance is not required
Once Diversion conditions are successfully completed, the Diversion is closed
Mandatory $50.00 Administrative Fee assessed (to be paid by the parent)
Diversion appears on the youths criminal history but not counted on a sentencing matrix
One Diversion is automatically destroyed if 18 years old and 2 years have passed since the completion of the Diversion Agreement. Two diversions may be destroyed at age 23.
If the Diversion Agreement is successfully completed, revoked driver’s licenses are automatically reinstated after 90 days for drug and alcohol offenses.

Questions and Answer’s

Q: Is my diversion automatically removed from my record when I turn 18?

A: The only way your diversion is automatically removed/destroyed from your record is if your criminal history contains only one referral for diversion, you are at least 18 years of age and at least two years have past since the completion of the diversion agreement. The automatic destruction applies to diversion agreements signed after 06-12-08. Youth who have signed diversion agreements before 06-12-08 must contact the Juvenile Department and make a request to destroy the record.

If you have more than one referral for Diversion, your juvenile record will not be automatically destroyed. If you have two successfully completed diversions on your record, you may request the record be destroyed after age 23.

Youth may ask the court to seal their records before age 18, if the youth spends two (2) continuous years in the community without committing any offense or crime that results in a conviction or diversion. Please keep in mind that a "sealed" record is different than a "destroyed" record. Please read the above information carefully.

Q: Am I on Probation?

A: No. You are on Diversion. Once you complete the requirements or your diversion, it will be closed. If you fail to complete the requirements before the allotted time is up or you violate the conditions, a petition may be filed to the Court asking for you diversion agreement to be revoked. You must then go before the Court.

Q: Do I loose my driver’s license if I sign a diversion agreement for a Minor in Possession of Alcohol (MIP) or any other drug/alcohol offense?

A: Yes. Your privilege to drive will be revoked by the Department of Licensing (DOL) for a minimum of 90 days regardless of your current driving status.

Q: Will my school be notified?

A: Yes. According to Washington State law schools are notified of any drug or alcohol offense as well as various other offenses.

Diversion Objectives

Diversion Strives:

· To hold youth accountable for his or her

offense(s)

· To foster change in youth’s attitudes/behaviors

so that they conform to the law and community

standards

· To impress upon the youth that the

community is concerned with his or her conduct

· To increase the juveniles’ awareness of the

relationship between the offense committed

and the people injured by the offense

· To stimulate and maximize the opportunity for

victim and citizen participation

Diversion Statistics for

Skamania County

2008 Statistics

· 62 youth referred to the Diversion Unit

vs.

45 juvenile cases filed in Superior Court

· 540 community service hours completed

· $1,200.00 in Diversion Fee’s collected

· Most referred offense(s):

Minor in Possession of Tobacco

Minor in Possession of Alcohol (MIP)

· Most referred age group: 16 & 17 yr. olds

RESOURCES

· Domestic Violence/Sexual Assault (509) 427-4210

· Skamania County Sheriff's Office (509) 427-9490

· WA Tobacco Quit Line (toll free) 877-QUIT-NOW

· Do you need help getting food for your family?

DSHS Community Services (877) 980-9180

· Child Protective Services (CPS)

Report child abuse or neglect (800) 562-5624