DELINQUENCY DIVERSION PANEL
The Delinquency Diversion Panel began in 1996. This Program was specifically designed for first-time juvenile offenders who have committed minor offenses. These juvenile cases are diverted from having to appear before a Juvenile Division Judge, which allows the Judge to deal with more serious cases involving juveniles. Each panel is composed of volunteers who are trained and certified to hear cases throughout the Circuit. All cases are approved for referral to the Program by the State Attorney’s Office under strict guidelines that include: the victim’s consent to handling the case non-judicially, no objection from law enforcement, the defendant’s admission of guilt, and the parent’s or legal guardian’s approval and cooperation in handling the child’s case through diversion. The most common types of offenses referred to the Delinquency Diversion Panel include retail theft, trespass, possession of alcohol by a minor, criminal mischief, and battery.
The Delinquency Diversion Panel processes the case in a series of two hearings which are approximately 45 days apart. The first hearing usually averages 40 minutes and allows the child to discuss details of their arrest, including any relationships involving co-defendants. The panel also obtains information concerning the child’s school performance, the parents’ reactions and the punishment they have imposed and the child’s home life including duties, responsibilities, and interests. The child and the parents are asked to leave the room for approximately 10 minutes to allow the panel to determine a list of punitive sanctions that make the child accountable for his or her actions.
The sanctions are reviewed by all and the contract is presented to the child and parents for signing. If the child rejects the contract, the case is returned to the State Attorney’s Office for prosecution. If the contract is signed, it includes a date approximately 45 days in the future for the review hearing. The child is instructed to return to the review hearing with his/her parents and verification of compliance with all assigned tasks.
Common sanctions imposed may include any of the following:
Apology letters to victims, parents, grandparents, and/or law enforcement officers
Attending a tour of the Indian River County Jail
Attending a felony sentencing hearing
Completing up to 50 hours of community service work
Setting a curfew with parents’ cooperation
Attending a shoplifters class, an anger management class, or a substance abuse offenders class
Written essays on topics related to the crime and its impact on society
Goal statements concerning career plans, educational plans, college acceptance criteria and how they plan to address these obstacles
Mandatory school attendance and/or grade improvement
Seeking or maintaining employment
Completing a diary of daily home chores
Loss of everyday privileges such as phone, television, etc.
If the child does not return for the review hearing or does not complete all assigned sanctions as directed, the case is referred back to the State Attorney’s Office for prosecution with a letter explaining the lack of compliance. Successful cases are congratulated for taking responsibility for their actions and receive a copy of the final report denoting successful completion of the Program and proof they have not been convicted of a crime.
1999 Juvenile Arbitration Statistics
|
Indian River |
Martin |
Okeechobee |
St. Lucie |
Total |
|
|
Cases Referred |
111 |
42 |
10 |
74 |
237 |
|
Initial Hearings |
102 |
42 |
8 |
65 |
217 |
|
Review Hearings |
97 |
33 |
7 |
49 |
186 |
|
Cases Closed |
81 |
27 |
7 |
44 |
159 |
1st Quarter of 2000 Juvenile Arbitration Statistics
|
Indian River |
Martin |
Okeechobee |
St. Lucie |
Total |
|
|
Initial Hearings |
29 |
23 |
3 |
18 |
73 |
|
Review Hearings |
12 |
0 |
0 |
24 |
36 |