NCJ Number
29066
Date Published
1974
Length
421 pages
Annotation
RESULTS OF A STUDY OF DIVERSION PROGRAMS AND PROCEDURES IN 22 STATES DESIGNED TO FORM A BASIS FOR COMPARISON OF NEW YORK CITY'S EXPERIENCE AND PRACTICE WITH THOSE OF OTHER JURISDICTIONS.
Abstract
THIS REPORT SUMMARIZES THE RESULTS OF THIS TWO-PHASE STUDY - A SURVEY AND ANALYSIS OF 54 OPERATIONAL DIVERSION PROGRAMS AND INDIVIDUAL MEETINGS TO DISCUSS SEVERAL ADMINISTRATIVE AND LEGAL ISSUES RELEVANT TO DIVERSION IN NEW YORK'S FAMILY, CRIMINAL, AND SUPREME COURTS. TOPICS CONSIDERED IN PART ONE INCLUDE THE ROLES OF THE JUDGE, PROSECUTOR, AND DEFENSE COUNSEL, ELIGIBILITY CRITERIA, THE PROBLEM OF INFORMED CONSENT IN VOLUNTARY PROGRAM PARTICIPATION, CONFIDENTIALITY OF PROGRAM RECORDS, PROBLEMS OF DEFERRED PROSECUTION, AND DUE PROCESS REQUIREMENTS FOR RESUMPTION OF PROSECUTION. DIVERSION IN THE FAMILY COURT IS TREATED SEPARATELY. PART TWO OF THIS REPORT CONTAINS A DESCRIPTION OF THE SURVEY METHODOLOGY, SUMMARY DESCRIPTIONS OF THE 54 PROGRAMS IDENTIFIED AND ANALYZED, AND A TABULAR BREAKDOWN AND COMPARISON OF THE PROGRAMS ACCORDING TO 23 PROGRAM DATA ITEMS, INCLUDING POPULATION SERVED, ELIGIBILITY CRITERIA, POINT OF DIVERSION, PROCEDURAL SAFEGUARDS, SERVICES PROVIDED, DEGREE OF JUDICIAL SUPERVISION, DISPOSITION OF CHARGES, FOLLOW-UP, AND EVALUATION. A COPY OF THE SURVEY QUESTIONNAIRE AND THE AGENDAS OF THE THREE DISCUSSION MEETINGS HELD ARE AMONG THE FORMS APPEARING IN THE APPENDIX.