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Youth Diversion

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RICHMOND MUNICIPAL COURT

YOUTH DIVERSION PLAN

Effective January 1, 2025

 

DESCRIPTION

 

As provided by Chapter 45, subchapter “E” of the Texas Code of criminal Procedure, and contingent on eligibility, a child shall be diverted from formal criminal prosecution through an established youth diversion program. Youth diversion is applicable for a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fine only, other than a traffic offense (Article 45.302 Code of Criminal Procedure. A child’s participation is voluntary, requires the child to accept responsibility in the alleged conduct, and requires written consent from both the child and the parent in a diversion agreement.

 

OBJECTIVE

 

The purpose of the program and its related procedures are to:

  1. Reduce recidivism and the occurrence of problem behaviors through intervention without having to criminally adjudicate children in justice and municipal courts.
  2. Identify at-risk youth, including youth with mental health needs, substance use disorders, or intellectual and developmental disabilities and, where appropriate, make referral to early youth and intervention services under Subchapter D, Chapter 264 of the Family Code.
  3. Authorize diversions of children charged with certain offenses punishable by imposition of a fine from criminal adjudication that emphasize accountability and responsibility of the parent and the child for the child’s conduct while also promoting community safety.

 

ELIGIBILITY (Article 45.3.04 Code of Criminal Procedure)

 

A child may enter into a diversion agreement once every 365 days. After a child accepts responsibility for the charge alleging engagement in conduct that constitutes a misdemeanor punishable by fine only (other than a traffic offense), they must be diverted from formal criminal prosecution, unless:

  1. The child has previously had an unsuccessful diversion under Subchapter E,
  2. Entering into diversion is objected to by the prosecutor,
  3. The child’s parent does not provide written consent for the child to participate.

 

DIVERSION AGREEMENT

 

There shall be a written binding diversion agreement that contains the components required in Article 45.309 & 45.310 of the Texas Code of Criminal Procedure. The objectives shall:

  1. Consider the child’s circumstances,
  2. Be rationally relevant to the alleged conduct,
  3. Be realistic to accomplish,
  4. Be in the best interest of the child and community.

 

The written agreement shall contain the following components as required by law:

  1. An identification of the alleged conduct and diversion agreement terms in clear and concise language understandable to the child.
  2. Positive and negative consequences of successful completion of, or failure to comply with, the terms of the diversion agreement.
  3. An explanation that a guilty plea is not required, and that participation is not admission of guilt.
  4. The agreed length of the Diversion Plan.
  5. Signatures of the child and parent indicate each’s consent to diversion, with the understanding that diversion is optional. Notification that the child and or the child’s parent may terminate the diversion at any time, and acknowledgement that upon termination, the case will be referred to court.

 

NOT ELIGIBLE FOR DIVERISON, PROSECUTOR OBJECTION, DECLINED PARTICIPATION BY CHILD OR PARENT, UNSECCESSFUL COMPLETION

 

If a child is not eligible for diversion, the prosecutor objects, or the child and/or parent decline participation, the case is filed with the court to proceed with formal prosecution.

 

If a child is not compliant with the Diversion Agreement, the case shall be set for a non-adversarial hearing before the judge. The judge will confer with all interested parties to determine what is in the best interest of the child, what protects the long-term safety of the community, and whether to:

  1. Declare the diversion unsuccessful, and/or
  2. Amend or set aside terms in the diversion agreement.
  3. Extend the diversion period not to exceed one year from the initial start date.
  4. Continue the hearing for not more than sixty (60) days to allow additional time for compliance with the terms of the agreement.
  5. Require the parent(s) to perform any act, or refrain from performing any act, which the court determines will increase the likelihood the child will successfully complete the diversion and comply with any order of the court that is reasonable and necessary for the welfare of the child.
  6. Find substantial compliance and successful completion.
  7. Refer charges to the Prosecutor.

 

EXPUNCTION

 

All records of a diversion pertaining to a child under Subchapter E shall be expunged without the requirement of a motion or request on the child’s 18th birthday.