CRIM 309 Intake and Diversion

Intake Intake=Process of screening cases referred to the juvenile justice system Determines which cases will be formally processed v. those handled without formal court processing Offenses range in seriousness; court resources are reserved for more serious cases –Avoids stigma –More efficient use of resources –More effective in the long run

Accomplishing Intake Intake officers review the case and make a determination of how to process Who act as intake officers? Depends on the state and how the system is structured. Typically, this involves one of the following: –Probation officer acting as an intake officer makes the final decision on how to process –Prosecutor acting as an intake officer makes the final decision on how to process –Probation officer makes an initial decision that is referred to the prosecutor for a final decision –Probation officer handles less serious charges and the prosecutor handles more serious charges

Court Rulings on Intake Little guidance at the Supreme Court level Does not require representation Information collected prior to the adjudication can be tricky—can it be used later in the adjudication proceedings? –Use of Miranda would enable the use of the information –No clarity in how the information will be used before it is collected will cause problems –Some states prohibit the use of intake information in the adjudication proceeding

Result of Intake Intake officers determine whether the case will be dismissed, handled formally (delinquency petition), diverted, or waived to the adult court Just over ½ will be petitioned to juvenile court for an adjudication hearing A very small percent will be waived to adult court The remaining amount will be dismissed or diverted from formal processing

The Intake Process Intake is essentially a point in the process to assess public safety with regard to specific offenders Includes assessment of a variety of risk related characteristics May include a screening tool to determine what should be done with the youth Typically, this process is connected to referrals to other programming that may be needed by the youth and family

Diversion Informal handling of the charges; youth must admit to the charges –The case is “adjusted” Youth must attend and successfully complete a program related to their offending Typically, the youth must complete the program within a specific period of time If youth successfully completes the program, the prosecutor does not charge the youth If youth is not successful in completing the program, the prosecutor will formally adjudicate the youth in court for the charges

Diversion, Continued Acceptance of diversion is voluntary –If decline, the case is typically petitioned to court for adjudication There is no constitutional right to diversion programming Diversion programming can be viewed as a prior record Diversion can be informal or formal

Examples of Diversion Teen Court Alcohol and Drug Education Program Scared Straight Pre-adjudication drug courts Victim mediation

Concerns When one takes diversion as an option, there are no due process protections Diversion program raises concerns over net widening (bringing more kids under the system simply because programming is available)