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

Typical services provided for youth and families in diversion programs include one or more of the following: Screening and assessment Education and tutorial services Victim awareness classes and activities Service-learning programs Substance use education and counseling Job skills training Mental health treatment

Full Answer

What is a diversion program in a criminal case?

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

What are the terms of probation and parole?

May 09, 2013 · Diversion programs are typically designed to provide youth with experiences that are different from traditional juvenile justice experiences. Diversion decisions and activities usually occur at the earliest stages of involvement in the juvenile justice system; however, diversion initiatives can be put in place at later stages of justice processing with the primary …

What type of program should the defendant be in?

Other conditions of probation and parole may include: Conforming to electronic monitoring and special curfews; Participating in transitional housing programs; Paying restitution to victims in a timely manner; Attending anger management courses; Following court-ordered alcohol and drug counseling; Following court-ordered mental health counseling and treatment

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

What is a diversion program in Ohio?

What is the diversion program in Michigan?

What is a pretrial diversion program in Texas?

What are disadvantages of diversion programs?

What is intervention in lieu of conviction Ohio?

Does Texas have diversion programs?

What are the types of diversion programs currently used?

Is pretrial diversion a guilty plea in Texas?

What are the requirements for drug diversion?

Most programs limit participation to those who have no prior convictions for the charge they now face. Common requirements for drug diversion in particular includes: 1 no probation revocations for any prior offenses 2 a period of being "clean," or without convictions, prior to the present case, and 3 no diversions within a specified amount of time.

What is diversion in criminal justice?

Diversion is a program that has been created by the state legislature and signed into law. It identifies crimes and offender characteristics that will enable the defendant to enter the program. Under some diversion systems, defendants are "diverted" to counseling early in the proceedings.

How does diversion work?

How Diversion Works. Diversion is a program that has been created by the state legislature and signed into law. It identifies crimes and offender characteristics that will enable the defendant to enter the program. Under some diversion systems, defendants are "diverted" to counseling early in the proceedings.

How long does a diversion program last?

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.

What happens if a case is dismissed?

If the case is dismissed, the record of the arrest isn't usually sealed or otherwise destroyed. Defendants may be able take the additional step of seeking to expunge, or seal, the record of the case.

What happens if a defendant enters a guilty plea?

If the defendant previously entered a guilty or no-contest plea, then the judge can impose a sentence. If the defendant failed and the form of diversion didn't require her to previously enter such a plea, then she'll have to enter one, and the case will proceed accordingly.

What to do if you are arrested?

If you've been arrested or otherwise face criminal charges, consult an experienced criminal defense lawyer. A lawyer versed in local practice will be able to fully explain the applicable law, including the ins and outs of the relevant diversion system.

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.

Does juvenile justice do more harm than good?

Formally processing youth through the juvenile justice system does more harm than good by perpetuating delinquency through ”labeling” and exposing youth to circumstances within juvenile and adult correctional institutions that may actually increase delinquency. 3.

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.

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

How long is parole?

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

Can a judge impose a sentence of probation?

The sentencing judge may not impose a sentence of probation, assess a fine, or suspend the prison sentence. three-strikes laws. legislative mandate that judges sentence third-time felons to extremely long or life prison sentences Photo by Richard P. Seiter.

What is a drug court?

drug courts. an alternative to traditional court models to deal with the underlying drug problem as the basis of the offenders' criminality. Drug courts are usually a unit within the court system, Mental Health and Other Specialty Courts.

What is the purpose of a PSI?

Although the purpose of the PSI is to assist courts in the sentencing decision, it is valuable in many other ways, including the following: Contents of the PSI. The categories of information noted previously have historically been included in a PSI. However, the approach to writing the PSI has changed significantly.

What are the components of the criminal justice system?

The criminal justice system has three major components: : the police, court system, corrections. Pretrial diversion programs.

What is presentence investigation?

presentence investigation. a report used during the sentencing process that details the background of a convicted offender, to include criminal, social, education, employment, mental and physical health, and other significant factors. The PSI often also provides judges the range of sanctions allowable for the crime and recommendations ...

What is collateral in bail bond?

Collateral: The defendant is required to execute the bail bond by posting property of a value equal to or greater than the bail set by the judicial officer. plea bargaining. More than 90 percent of felony cases result in a guilty plea by the defendant instead of a trial to determine guilt or innocence.

What is the history of pretrial release?

history of pretrial release programs. can be traced to medieval England. Eighth Amendment (ratified in 1791) that excessive bail may not be required. There are many problems with this system of bail as a requirement for release. First, the availability of financial resources and the ability to "make bail" are not.

What is diversion in criminal justice?

Diversion. organized, systematic efforts to remove people from further processing in criminal justice by placing them in alternative programs; diversion may be pretrial or posttrial. Five types of probation. - straight probation.

What is a revocation of probation?

Revocation. The repeal of a probation sentence or parole, and substitution of a more restrictive sentence, because of violation of probation or parole conditions. Technical violations. Failure to abide by the technical rules or conditions of probation or parole, as distinct from commission of a new criminal act.

What is a sentence in which the offender, rather than being incarcerated, is retained in the community

a sentence in which the offender, rather than being incarcerated, is retained in the community under the supervision of a probation agency and required to abide by certain rules and conditions to avoid incarceration

What is straight probation?

Straight Probation. occurs when an offender is sentenced only to probation, with no incarceration or other form of residential placement. Suspended-sentence probation. the judge pronounces a jail or prison sentence but suspends the sentence on the condition that the offender performs well on probation. split sentence.

How long is shock probation?

Shock probation. usually involves two sentences. the offender is initially sentenced to prison but is soon (perhaps after 120 days) recalled to court and placed on probation. Residential probation. involves placement of the probationer in a structured but generally open living environment, such as a halfway house.

What is presentence investigation?

Presentence Investigation (PSI) An investigation conducted by a probation agency or other designated authority at the request of a court into the past behavior, family circumstances, and personality of an adult who has been convicted of a crime, to assist the court in determining the most appropriate sentence.

What is the meaning of restitution?

Restitution. money paid or services provided by a convicted offender to victims, their survivors, or the community to make up for the injury inflicted. Revocation. The repeal of a probation sentence or parole, and substitution of a more restrictive sentence, because of violation of probation or parole conditions.

What is drug intervention?

There are several programs that have been put in place to assist people addicted to alcohol and drugs to beat the addiction while avoiding all or part of a jail sentence. Depending on the type of crime committed, a specific drug intervention program will be selected for the defendant.

How effective is court ordered rehab?

Court-ordered treatment is frequently an effective way to shock a loved one into realizing what problems their abuse has caused. In this situation, most people will get serious about treatment. This may not guarantee a successful outcome, but there is no fail-safe approach to addiction treatment. Only the commitment and willpower of the person in recovery can ensure positive results. Court-ordered rehab forces them into circumstances, in which they have to consider becoming and staying sober. This is often a crucial first step, as they come to see the possibility of leading a full, satisfying life free of drugs and legal troubles.

What is court ordered rehab?

Court-ordered rehab is something the defendant of a drug-related crime might have to do in lieu of going to jail. If the judge and the prosecution believe that a defendant would benefit from rehab, they would rather try to help that person than put them in jail.

What is an emergency court order?

An emergency court order requires a screening investigation, in which both police officers and addiction professionals take part. The person is taken into custody to determine if they qualify for an emergency order. If they are found unable to control their actions, use drugs every day, are suffering from health problems caused by drug abuse, and behave in ways that threaten the health and safety of those around them, an emergency court order becomes a distinct possibility. A court hearing will be scheduled, at which the addict’s family plead their case. The authorities have the last word.

What happens if you don't plead guilty to drug charges?

All individuals put into a court-ordered treatment program on drug-related criminal charges, including charges their families have made against them, have to complete their treatment as part of their punishment. If they fail to do so, they face prosecution for their crime to the fullest legally permissible extent (in cases of deferred prosecution programs). They may plead guilty, but they will face the conviction and fine that come with the plea. Depending on the judge, the sentence pronounced may be harsher if someone has failed a treatment program. If the person pleaded guilty before the court ordered rehab, they are taken back to court to face sentencing based on their earlier plea (post-adjudication program). They will likely face a minimum of the sentence previously served, although this is subject to adjustment by the judge as they failed to complete treatment. They can change their plea to “not guilty,” if they choose, but their case probably won’t be successful given the circumstances.

What is the definition of addiction?

The person was addicted to some substance or alcohol at the time in which the crime was committed. The crime committed was directly or indirectly as a result of the person’s dependence on drugs or alcohol. The person is of a disposition that will benefit from drug and alcohol treatment.

Does insurance cover rehab?

Health insurance could help cover rehabilitation. After the Mental Health Parity and Addiction Equity Act was passed in 2008, insurance companies cannot enforce harsh benefit limitations on people suffering from addiction or mental health disorders. Unfortunately, this law focuses mainly on large group health plans, such as those employers provide. It does cover individual policies, but it can be more difficult to find ones that fully cover rehabilitation. If court-ordered rehab is anticipated, it may be a good idea to call the insurance company and discuss coverage options. The company should make an effort to find a plan that at least partially covers treatment.