what type of treatment program is required as a part of probation order or diversionary sentence

Defendants typically pay for their diversion programs with a fee to the court, treatment center, or both. The cost can sometimes be more than a fine. Diversion programs can last from six months to a year or more. These programs emphasize counseling, treatment, and behavior modification over punitive measures.

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What is the difference between a diversion program and probation?

A diversion program, if successfully completed, usually results in some greatly reduced level of offense. Probation can either be supervised or not. Supervised probation involves an agent being responsible for making sure an offender follows certain conditions. Probation is alternative to jail/prison.

What are the different types of diversion programs?

Diversion Programs 1 Stet Agreements. ... 2 Community Service and Education Based Programs. ... 3 Deferred Prosecution Agreement (DPA): Four-month program in which an individual must perform 32 hours of community service and comply with other conditions, such as a curfew, stay away order, and/or ... More items...

How can probation officers use incentives to encourage prosocial behavior?

Probation officers should contact the prescribing physician or pharmacy for information regarding medication uses, side effects, and potential problems. Probation officers are to use positive incentives to encourage prosocial behavior and reinforce progress toward objectives. The usefulness of positive incentives should not be underestimated.

What should a probation officer do if a defendant exhibits mental health decompensation?

If the probation officer observes or receives information that a defendant is exhibiting behavior consistent with mental health decompensation, the probation officer must take steps to ensure the safety of the defendant, the community, and himself or herself.

What are the types of diversion programs currently used?

California's pretrial diversion programs allow eligible defendants to avoid jail time by undergoing treatment....There are 3 types of pretrial diversion programs:Drug diversion (Penal Code PC 1000), and.Mental health diversion (Penal Code 1001.36) and.Military diversion or veterans diversion (Penal Code 1001.81)

What is a diversionary sentence?

A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing in which a criminal offender joins a rehabilitation program to help remedy the behavior leading to the original arrest, allow the offender to avoid conviction ...

When a judge sentences someone to a diversionary program it is known as which of the following?

When a judge sentences someone to a diversionary program, it is known as which of the following? Sentencing sanction.

What is a diversion program in Ontario?

Diversion is when you are offered a chance to do something like community service or counselling to have your charge withdrawn (which means it will be dropped permanently) or stayed (put on hold for up to a year). Sometimes, the Crown can see that a case does not need to be dealt with through guilty pleas or trials.

What does the word diversionary mean?

Definition of diversionary : tending to draw attention away from the principal concern : being a diversion.

What is diversionary tactic?

(daɪvɜːʳʃənri , US dɪvɜːrʒəneri ) adjective [usually ADJECTIVE noun] A diversionary activity is one intended to attract people's attention away from something which you do not want them to think about, know about, or deal with. Fires were started by the prisoners as a diversionary tactic.

Who is qualified under diversion program?

Diversion Procedure RA 9344 provides that a child who is above 15 but below 18 years of age, assessed to have acted with discernment and has allegedly committed an offense with imposable penalty of less than six (6) years shall undergo diversion.

What is a pretrial diversion program in Louisiana?

The Pre-Trial Diversion Program is an opportunity for offenders to have their charges resolved after completing required conditions set forth by the City Prosecutor. Such conditions are based on the charge(s) received or the nature of the charge(s).

What is a pretrial diversion program in Texas?

Pretrial Diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service.

What are diversion activities?

The definition of a diversion is an activity, often pleasant, that takes you away from your normal activity, or a detour or alternative course. An interruption from a friend in the middle of doing tedious work is an example of a diversion.

Does diversion show up on a background check Canada?

Will a Diversion Still Be on My Criminal Record? While you will not have a criminal record or finding of guilt, a police record of the charge will still be in the federal Canadian Police Information Centre (CPIC) database and at the issuing police force. This applies whether the charge is stayed or withdrawn.

When did diversion programs begin in Canada?

2009Description: The Royal Canadian Mounted Police (RCMP) Crime Reduction Unit in 'J' Division implemented the Youth Intervention and Diversion Program (YIDP) in 2009.

What is a juvenile diversion program?

Diversion Programs. While it is recognized that some youth commit serious offenses and may need to be confined within a secure setting, research has shown that many youth in the juvenile justice system are there for relatively minor offenses, have significant mental health issues, and end up in out-of-home placement or on probation by default.

Where do diversion programs take place?

According to the National Center on Mental Health and Juvenile Justice, services delivered through diversion programs typically occur in the community either on school campuses, on community sites, or in the youth’s home.

What are the benefits of diversion?

The benefits of diversion programs have been well documented. Four of the major benefits of successful diversion programs are. Diversion can be an integral part of any jurisdiction’s graduated continuum of options for youth already involved or at risk of becoming involved with the juvenile justice system.

What is the need for schools, families, support staff, and communities to work together to develop targeted, coordinated, and?

Statistics reflecting the number of youth suffering from mental health, substance abuse, and co-occurring disorders highlight the necessity for schools, families, support staff, and communities to work together to develop targeted, coordinated, and comprehensive transition plans for young people with a history of mental health needs and/or substance abuse.

When should a probation officer start planning a case?

For individuals who are released to the community after a period of detention or imprisonment, case planning should start as soon as the probation officer receives the case. Attempts should always be made to ensure a seamless transition so the continuum of care is not broken. This is especially important when managing a mental health treatment case. The unique needs of the mental health defendant must be considered, such as medication management, availability of psychiatric treatment, and past relationships with therapeutic providers.

What is probation officer?

Probation officers are responsible for being sufficiently knowledgeable about mental health disorders and available mental health services. The probation officer acts as a broker of services for defendants with mental health disorders. The mental health provider decides the particular treatment approach.

How to establish a mental health supervision plan?

A thorough understanding of the defendant’s mental health issues and current status is an essential first step in establishing an effective supervision plan. Developing this understanding may require two processes: screening and assessment. The screening process places the defendant in one of two categories – a well-documented mental health disorder or an uncertain mental health disorder. Defendants who come to supervision with a recent and well-documented history of mental health disorder (s) do not require an initial screening. Using the available documentation, the probation officer can make decisions about further assessment. Defendants who come to supervision with indications of a mental health disorder or a distant history of a mental health disorder, but no special condition for mental health services, may require the administration of a validated screening instrument. This screening can be conducted by a probation officer using a validated instrument or by a qualified mental health professional. When screening and/or other case information indicates the possibility of a mental health disorder, a clinical assessment by a clinician is typically the next step in the correctional intervention process.

What are the principles of evidence based correctional interventions?

Social science research suggests that correctional interventions that follow the principles of evidence-based practices (e.g., the risk principle, the need principle, and the responsivity principle ) promote positive change in the defendant and reduce the probability of recidivism. According to the responsivity principle, interventions should be delivered in a style and mode that is specifically responsive to the learning styles and abilities of defendants. Defendants with mental health disorders may have different learning styles and thus respond more readily to some techniques than others. Mental health disorders may be a barrier to effective correctional intervention (see: Chapter 1, Section III (A) (1) ).

What is the 5th edition of the psychiatric manual?

The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition defines the symptoms and behaviors of mental disorders. This manual is the authority in classifying mental health disorders. Probation officers working with defendants with mental health disorders should be familiar with this manual to help them interpret information found in psychiatric or psychological evaluation reports, communicate with treatment providers, and identify individuals with mental disorders.

How does supervision affect mental health?

Defendants who suffer from mental disorders often require more intensive monitoring and specialized treatment. Supervision may stabilize them so that they do not present a danger to themselves or others and reduce the risk that they will commit future crimes.

Do probation officers report mental health problems?

If negative side-effects are identified, probation officers must report this information to the prescribing physician for follow up. There may be cases where defendants have a history of mental health problems, but are nevertheless categorized by an actuarial instrument as low-risk .

What is a drug court?

Defendants who have a verified substance abuse or dependency problem can have their cases heard in Drug Court, a special court designed to offer a comprehensive approach to address addiction and dependency. Defendants screened as eligible enter into a Drug Court Contract, which requires the defendant to participate in drug testing, counseling, and treatment at the direction of the Pretrial Services Agency. Drug Court cases are handled by a designated senior Assistant United States Attorney. For more information regarding Drug Court go to http://www.psa.gov or call (202) 220-5505.

How many hours of community service is required for a DPA?

Four-month program in which an individual must perform 32 hours of community service and comply with other conditions, such as a curfew, stay away order, and/or restitution to the victim. If the individual satisfies the DPA requirements, the charges will be dismissed.

How long does a DSA last?

DSAs in domestic violence misdemeanor (DVM) cases involving intimate partners typically last nine months, and DSAs in DVM cases involving non- intimate partners typically last five months. DSAs in DVM cases typically include some or all of the following conditions: participation in the Domestic Violence Intervention Program or Anger Management course (as appropriate); participation in substance abuse and/or mental health treatment; community service; a stay-away/no-contact order or an order not to harass, assault, threaten, or stalk the victim; restitution; continued payment of child support; and any other conditions that may be appropriate. If the defendant satisfies the DSA requirements, the defendant will be allowed to withdraw their guilty plea and the charges will be dismissed.

Can you get diversion for a felony?

Generally, a defendant may be eligible for diversion program if they have not been convicted of or served probation, parole, or supervised release for any firearms- related offense, any sex offense (with the exception of solicitation of prostitution), child abuse, or violent felony offense within the past ten years.

What are the requirements for probation and parole?

These rules may include: Reporting in person to probation or parole offices. Participating in intensive supervision programs.

How long is probation?

Although not all released prisoners are put on parole, a large majority are. The average time spent on parole is 19 months.

What are the conditions of parole?

All convicted offenders must comply with the court-ordered special conditions of their probation or parole. These rules may include: 1 Reporting in person to probation or parole offices 2 Participating in intensive supervision programs 3 Not leaving the designated city/state without permission 4 Finding and maintaining regular employment 5 Not changing residence or employment without permission 6 Not using drugs or alcohol; not entering drinking establishments 7 Not possessing firearms or other dangerous weapons 8 Not associating with persons who have criminal records 9 Submitting to urinalysis or blood testing when instructed 10 Paying supervision fees 11 Obeying all state and local laws

What should reentry ministry volunteers do?

Reentry ministry volunteers should encourage probationers and parolees to adhere to the terms of their community supervision and attend all required meetings. Most states post their standard requirements for probation and parole on the Internet.

What are the advantages of diversion?

The advantages of diversion include avoiding incarceration and possibly having charges reduced or dismissed, as well as getting conditional sealing of your criminal record under New York Penal Law section 160.58. On the other hand, failure to complete the Judicial Diversion Program could result in being sentenced more harshly than you otherwise would have been. If you fail to make a court appearance or show up for treatment, a bench warrant can be issued for your arrest. At a summary hearing in court, the judge can decide whether to modify your participation in the program or terminate it and proceeding to sentencing. The judge at this point is authorized to order any sentence authorized under the law for the crime, in accordance with the terms of the plea agreement.

When can a defendant be diverted?

Diversion can be requested by the defendant at any time between the arraignment and the entry of a guilty plea or the start of trial. The judge will then order the defendant to undergo an alcohol and substance abuse evaluation, along with an evaluation of the defendant’s history of abuse or dependence and any co-occurring mental disorder or mental illness.

What can a criminal defense attorney do?

An experienced criminal defense attorney can negotiate a plea agreement that sets the terms of your release, sentencing options and final disposition in a way that is most favorable to you and best meets your needs.

What to do if you have been arrested for drug charges in Orange County?

If you have been arrested on drug charges in Orange County or the Mid-Hudson Valley, contact Dupée & Monroe in Goshen at 845-294-8900 to speak with experienced New York criminal defense attorneys about the best options in your particular case. Personal Injury. Dog Bit es. Truck Accidents.

What evidence is allowed at a hearing in a criminal case?

Evidence allowed at this hearing may include witness testimony, including a victim statement. After the hearing, the judge will make a determination of the following factors:

Can you be found not guilty of a charge if you agree to diversion?

If you fight the charges instead, there is a chance that you could be found not guilty or have the charges against you dismissed. Talk with your attorney about how strong your defenses are and what risks you would face if convicted, as well as whether diversion would benefit you.

What is probation in prison?

Probation is a leash that the criminal justice system puts on defendants in lieu of incarceration in jail or prison . Offenders who are put on probation (either instead of or in addition to any other punishment they might receive) are typically required to adhere to a number of “conditions of probation.” Common conditions of probation include:

Who conducts an investigation and prepares a report as to the defendant’s suitability for diversion?

A defendant who is referred for diversion in any of these ways then meets with a probation officer, who conducts an investigation and prepares a report as to the defendant’s suitability for diversion. The report may specify the type of program that is most suitable for the defendant. Judges normally follow a probation officer ’s recommendation.

What is a determinate sentence?

Some state laws require the judges to impose what are called “determinate” prison sentences. A determinate sentence is a fixed-term sentence pronounced by a judge. For example, a defendant sentenced to “30 days in county jail” or “five years in state prison” has received a determinate sentence. Defendants who receive determinate sentences at least know the maximum period of incarceration as soon as they are sentenced, but they may get out earlier because of parole, or because they have not been a problem (good time credits) or because the jail or prison is overcrowded and their bed is needed for a new inmate.

What happens if you violate probation?

If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing. If the defendant violated probation by breaking a law, the probation revocation hearing will probably take place after the new offense has been disposed of. If the violation was not illegal as such (for instance, socializing with people the judge prohibited a defendant from contacting), then the revocation hearing may take place as soon as practicable after the violation is reported. Defendants are entitled to written notification of the time, place and reason for the probation revocation.

What is restitution in law?

While fines go to the state (or federal or local government prosecuting the crime), restitution is money paid by the defendant to the victim or to a state restitution fund. In some cases, the “victim” is society, such as welfare and Medicare fraud schemes where defendants may be sentenced to pay the state back the money defrauded. More typically, in both state and federal jurisdictions, offenders may be required to return or replace stolen or damaged property, to compensate victims for physical injuries, medical and psychological treatment costs or to pay funeral and other costs where a victim dies.

What is a plea bargain in a criminal case?

Sometimes, plea bargains are struck where criminal charges are dropped altogether if the defendant admits guilt and completely compensates the victim for stolen property or a vandalized car. This type of arrangement may be called a “civil compromise.”

What is a suspended sentence?

Sometimes a defendant’s prison sentence is “suspended.” A suspended sentence is jail or prison time that is put on hold if the defendant complies with certain other obligations, for example, the conditions of probation or the completion of a drug treatment program. Under a suspended sentence, the judge has authority to order the defendant to serve the sentence without first holding a trial, provided that the prosecution or probation department is able to show that the defendant violated the condition that led to the sentence being suspended in the first place.

A. Statutory Authority

• Under 18 U.S.C. § 3563(b)(9), the court may provide that the defendant “undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, as specified by the court, and remain in a specified institution if required for that purpose.”

See more on uscourts.gov

B. Sample Condition Language

C. Purpose

D. Method of Implementation