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Nebraska Juvenile Pretrial Diversion Guidelines and Resources

NCJ Number
206051
Author(s)
Susan Wood-Westland
Date Published
October 2002
Length
322 pages
Annotation
This report offers guidelines for juvenile pretrial diversion programs that are consistent with statutory requirements in Nebraska.
Abstract
A second intent of the report is to provide consistency within the Nebraska juvenile justice system. Juvenile pretrial diversion programs seek to divert juvenile offenders from the formal juvenile justice system when their crimes and their criminal histories indicate that they would best be served through an informal justice process. Juvenile diversion programs present a continuum of requirements to juvenile offenders, which must be completed in order to earn dismissal of the diverted case. Definitions are established for commonly used terms, the historical background is described, and the Juvenile Pretrial Diversion Services standards and guidelines are put forth. Statutory requirements are considered in the next section; the guidelines put forth in this report are based on Nebraska Statute Sections 29-3601 to 29-3603. The next section describes the program administration and structure of the Juvenile Pretrial Diversion system, as well as the step-by-step process of the program, which is administered by the county attorney's office in Nebraska. The step-by-step process describes how a juvenile offender becomes involved in the juvenile justice system and then diverted to a juvenile diversion program before trial. A flow chart illustrates the process. The next section outlines the 14 main steps involved in the development and implementation of a Juvenile Diversion program in a local community. The importance of involving justice officials is underscored, as well as the importance of structuring the juvenile diversion program to local community characteristics, such as expected number of juvenile cases per year and the resources available for the program. The following section describes the Juvenile Pretrial Diversion program components, including guidelines and bylaws, program agreement, goals and evaluation, intake process, program activities, and finding sources. It is recommended that juvenile diversion program teams develop guidelines for eligible and ineligible offenses, including the criteria used to determine eligibility in those cases that should be determined on a case-by-case basis. Program agreements should outline the rights and responsibilities of program participants, as well as conditions for continued participation. Appendices contain sample start-up procedures and sample program eligibility requirements, guidelines, and bylaws, among others.