(1) (a) The Legislature declares its intent to establish a youth diversion program that integrates smart practices and provides community-based alternatives to the formal court system to: reduce juvenile crime and recidivism, improve positive youth outcomes, change youth offenders’ behavior and attitudes, promote youth offenders’ accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by youth crime, and reduce the costs within the juvenile justice system.(b) The Legislature recognizes that research has shown that court involvement with youth who are not identified as displaying a risk of harm to others can have a more harmful impact on these youth, and most low-risk youth can grow out of their behavior and stop reoffending without intervention from the juvenile justice system.(c) The Legislature declares that the goals of the youth diversion program are to:(i) Prevent further involvement of youth in the formal legal system;(ii) Consider youth who demonstrate behaviors or symptoms consistent with intellectual and developmental disabilities, mental or behavioral health issues or lack of mental capacity, and divert those youth out of the juvenile justice system and refer them to a community treatment program;(iii) Provide eligible youth with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the youth’s assessed level of risk of reoffending;(iv) Serve the best interest of the youth while emphasizing acceptance of responsibility and repairing any harm caused to victims and the community;(v) Reduce recidivism and improve positive outcomes for each youth through the provision of services, if warranted, that address the youth’s specific needs and are proven effective; and(vi) Ensure appropriate services are available for all eligible youth.
(a) The Legislature declares its intent to establish a youth diversion program that integrates smart practices and provides community-based alternatives to the formal court system to: reduce juvenile crime and recidivism, improve positive youth outcomes, change youth offenders’ behavior and attitudes, promote youth offenders’ accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by youth crime, and reduce the costs within the juvenile justice system.
(b) The Legislature recognizes that research has shown that court involvement with youth who are not identified as displaying a risk of harm to others can have a more harmful impact on these youth, and most low-risk youth can grow out of their behavior and stop reoffending without intervention from the juvenile justice system.
(c) The Legislature declares that the goals of the youth diversion program are to:(i) Prevent further involvement of youth in the formal legal system;(ii) Consider youth who demonstrate behaviors or symptoms consistent with intellectual and developmental disabilities, mental or behavioral health issues or lack of mental capacity, and divert those youth out of the juvenile justice system and refer them to a community treatment program;(iii) Provide eligible youth with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the youth’s assessed level of risk of reoffending;(iv) Serve the best interest of the youth while emphasizing acceptance of responsibility and repairing any harm caused to victims and the community;(v) Reduce recidivism and improve positive outcomes for each youth through the provision of services, if warranted, that address the youth’s specific needs and are proven effective; and(vi) Ensure appropriate services are available for all eligible youth.
(i) Prevent further involvement of youth in the formal legal system;
(ii) Consider youth who demonstrate behaviors or symptoms consistent with intellectual and developmental disabilities, mental or behavioral health issues or lack of mental capacity, and divert those youth out of the juvenile justice system and refer them to a community treatment program;
(iii) Provide eligible youth with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the youth’s assessed level of risk of reoffending;
(iv) Serve the best interest of the youth while emphasizing acceptance of responsibility and repairing any harm caused to victims and the community;
(v) Reduce recidivism and improve positive outcomes for each youth through the provision of services, if warranted, that address the youth’s specific needs and are proven effective; and
(vi) Ensure appropriate services are available for all eligible youth.
(2) For purposes of this section:(a) “Director” means the director of the division.(b) “Division” means the Division of Youth Services of the Department of Human Services.(c) “Risk screening tool” is a standardized implement approved by the Administrative Office of Courts to assist intake officers in assessing the need for diversion in a particular case.(d) “Services” may include, but are not limited to, provision of diagnostic needs assessments, general counseling and counseling during a crisis situation, behavioral health services, services for youth with developmental disabilities, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities.(e) “Validated assessment tool” is a standardized implement approved by the division to be utilized after screening to gauge risk and needs and guide specific interventions within diversion.
(a) “Director” means the director of the division.
(b) “Division” means the Division of Youth Services of the Department of Human Services.
(c) “Risk screening tool” is a standardized implement approved by the Administrative Office of Courts to assist intake officers in assessing the need for diversion in a particular case.
(d) “Services” may include, but are not limited to, provision of diagnostic needs assessments, general counseling and counseling during a crisis situation, behavioral health services, services for youth with developmental disabilities, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities.
(e) “Validated assessment tool” is a standardized implement approved by the division to be utilized after screening to gauge risk and needs and guide specific interventions within diversion.
(3) (a) The division may establish and administer a youth diversion program that seeks to divert youth from the youth justice system and integrate smart practices.(b) To effectuate the program, the division shall allocate money within each youth court district and may contract with governmental units and nongovernmental agencies for reasonable and necessary expenses and services to serve each youth court district to divert youth and provide services, if warranted, for each eligible youth through community-based programs, which shall provide an alternative to entry into the formal legal system.(c) If diversion is recommended by the intake officer in accordance with subsection (4) of this section, a youth’s entry into the youth diversion program shall be initiated by the filing of a notice pursuant to the rules established in Section 43-21-357.
(a) The division may establish and administer a youth diversion program that seeks to divert youth from the youth justice system and integrate smart practices.
(b) To effectuate the program, the division shall allocate money within each youth court district and may contract with governmental units and nongovernmental agencies for reasonable and necessary expenses and services to serve each youth court district to divert youth and provide services, if warranted, for each eligible youth through community-based programs, which shall provide an alternative to entry into the formal legal system.
(c) If diversion is recommended by the intake officer in accordance with subsection (4) of this section, a youth’s entry into the youth diversion program shall be initiated by the filing of a notice pursuant to the rules established in Section 43-21-357.
(4) The intake officer shall:(a) On and after January 1, 2027, conduct a risk screening using a risk screening tool for all youth currently referred to the youth court and referred in the future to the youth court, including referrals for alleged violations of the compulsory school attendance law, unless:(i) The youth is committed or on probation;(ii) An attempt has already been made to divert the youth; or(iii) The prosecuting attorney:1. Declines to file a petition;2. Dismisses the case; or3. Charges the youth with an offense within the exclusive jurisdiction of the circuit court;(b) Use the results of the risk screening to inform eligibility for participation in a youth diversion program and the level and intensity of supervision deemed necessary for youth diversion;(c) Consider the use of diversion to prevent a youth who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings;(d) Consider all available alternatives, including, but not limited to, a referral to the State Department of Mental Health, or a collaborative management program in lieu of adjudication in a case in which a youth demonstrates behaviors or symptoms that indicate that the youth cannot understand or participate in diversion and where it is likely that a youth would be found incompetent and unlikely to be restored in the foreseeable future;(e) Recommend diversion of the case to the division if the screening indicates diversion is appropriate;(f) Disclose the results of the risk screening to the youth and the youth’s family or guardian;(g) Collect data pursuant to subsection (9) of this section; and(h) Establish and make public any eligibility criteria for participation in a youth diversion program and use the results of the risk screening to make decisions on eligibility criteria.
(a) On and after January 1, 2027, conduct a risk screening using a risk screening tool for all youth currently referred to the youth court and referred in the future to the youth court, including referrals for alleged violations of the compulsory school attendance law, unless:(i) The youth is committed or on probation;(ii) An attempt has already been made to divert the youth; or(iii) The prosecuting attorney:1. Declines to file a petition;2. Dismisses the case; or3. Charges the youth with an offense within the exclusive jurisdiction of the circuit court;
(i) The youth is committed or on probation;
(ii) An attempt has already been made to divert the youth; or
(iii) The prosecuting attorney:1. Declines to file a petition;2. Dismisses the case; or3. Charges the youth with an offense within the exclusive jurisdiction of the circuit court;
1. Declines to file a petition;
2. Dismisses the case; or
3. Charges the youth with an offense within the exclusive jurisdiction of the circuit court;
(b) Use the results of the risk screening to inform eligibility for participation in a youth diversion program and the level and intensity of supervision deemed necessary for youth diversion;
(c) Consider the use of diversion to prevent a youth who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings;
(d) Consider all available alternatives, including, but not limited to, a referral to the State Department of Mental Health, or a collaborative management program in lieu of adjudication in a case in which a youth demonstrates behaviors or symptoms that indicate that the youth cannot understand or participate in diversion and where it is likely that a youth would be found incompetent and unlikely to be restored in the foreseeable future;
(e) Recommend diversion of the case to the division if the screening indicates diversion is appropriate;
(f) Disclose the results of the risk screening to the youth and the youth’s family or guardian;
(g) Collect data pursuant to subsection (9) of this section; and
(h) Establish and make public any eligibility criteria for participation in a youth diversion program and use the results of the risk screening to make decisions on eligibility criteria.
(5) An intake officer shall not deny diversion to a youth based on the youth’s:(a) Inability to pay;(b) Previous or current involvement with the Department of Human Services;(c) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;(d) Legal representation; or(e) Behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or symptoms are so severe that the youth cannot understand or participate in diversion;
(a) Inability to pay;
(b) Previous or current involvement with the Department of Human Services;
(c) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;
(d) Legal representation; or
(e) Behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or symptoms are so severe that the youth cannot understand or participate in diversion;
(6) The division shall ensure that:(a) The policies and practices of the youth diversion program are aligned with evidence-based practices and with the definition of “diversion” under Section 43-21-105(ll);(b) All individuals using the risk screening tool under this section receive training on the appropriate use of the tool.
(a) The policies and practices of the youth diversion program are aligned with evidence-based practices and with the definition of “diversion” under Section 43-21-105(ll);
(b) All individuals using the risk screening tool under this section receive training on the appropriate use of the tool.
(7) The risk screening tool under this section is for informing decisions about diversion only. The risk screening tool and any information obtained from a youth in the course of any screening, including any admission, confession, or incriminating evidence obtained from a youth in the course of any screening or assessment, in conjunction with proceedings pursuant to this section or made in order to participate in a diversion program, is not admissible into evidence in any adjudicatory hearing in which the youth is accused and is not subject to subpoena, any other court process for use in any other proceeding, or for any other purpose.
(8) (a) Diversion programs may use the results of a validated assessment tool approved by the division in consultation with the Administrative Office of Courts to inform:(i) The level and intensity of supervision necessary for youth diversion;(ii) The length of supervision for youth diversion; and(iii) What services, if any, may be offered to the youth; and(b) (i) The intake officer may recommend to the division which professionals should be involved in a youth’s particular youth diversion program to assist with the youth’s needs, treatment, and service planning.(ii) This recommendation may include, but is not limited to, referrals to prosecutors, youth defenders, probation officers, behavioral health treatment providers, providers who offer services to youth with developmental disabilities, and state and local governmental entities, such as the Department of Human Services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.
(a) Diversion programs may use the results of a validated assessment tool approved by the division in consultation with the Administrative Office of Courts to inform:(i) The level and intensity of supervision necessary for youth diversion;(ii) The length of supervision for youth diversion; and(iii) What services, if any, may be offered to the youth; and
(i) The level and intensity of supervision necessary for youth diversion;
(ii) The length of supervision for youth diversion; and
(iii) What services, if any, may be offered to the youth; and
(b) (i) The intake officer may recommend to the division which professionals should be involved in a youth’s particular youth diversion program to assist with the youth’s needs, treatment, and service planning.(ii) This recommendation may include, but is not limited to, referrals to prosecutors, youth defenders, probation officers, behavioral health treatment providers, providers who offer services to youth with developmental disabilities, and state and local governmental entities, such as the Department of Human Services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.
(i) The intake officer may recommend to the division which professionals should be involved in a youth’s particular youth diversion program to assist with the youth’s needs, treatment, and service planning.
(ii) This recommendation may include, but is not limited to, referrals to prosecutors, youth defenders, probation officers, behavioral health treatment providers, providers who offer services to youth with developmental disabilities, and state and local governmental entities, such as the Department of Human Services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.
(9) (a) The Division of Youth Services, in collaboration with diversion program directors who accept money for programs providing youth diversion services, shall establish minimum data collection requirements and outcome measures that each governmental unit and nongovernmental agency shall collect and submit annually for all youth referred by an intake officer. At a minimum, the data summary shall include:(i) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;(ii) Risk screening conducted;(iii) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;(iv) Offense committed by the youth;(v) Diversion status;(vi) Service participation and whether the service was provided by community partners or an in-house facility;(vii) Program completion data;(viii) Referral to smart practices services;(ix) Child welfare involvement; and(x) Identifying data necessary to track the long-term outcomes of diverted youth.(b) On or before August 1, 2027, and each August 1 thereafter, each agency that receives diversion money pursuant to subsection (2) of this section shall report on the number of youths who were screened for eligibility for diversion since the date of the previous report but were subsequently rejected. At a minimum, the report shall include demographic data such as age, race and ethnicity, gender, sexual orientation, and gender identity. The reports shall include the data for the state fiscal year from July 1 through June 30.(c) For the purposes of this subsection (9), when collecting demographic data from a youth, governmental units and nongovernmental agencies shall provide the youth with an option to decline to disclose demographic information.
(a) The Division of Youth Services, in collaboration with diversion program directors who accept money for programs providing youth diversion services, shall establish minimum data collection requirements and outcome measures that each governmental unit and nongovernmental agency shall collect and submit annually for all youth referred by an intake officer. At a minimum, the data summary shall include:(i) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;(ii) Risk screening conducted;(iii) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;(iv) Offense committed by the youth;(v) Diversion status;(vi) Service participation and whether the service was provided by community partners or an in-house facility;(vii) Program completion data;(viii) Referral to smart practices services;(ix) Child welfare involvement; and(x) Identifying data necessary to track the long-term outcomes of diverted youth.
(i) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;
(ii) Risk screening conducted;
(iii) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;
(iv) Offense committed by the youth;
(v) Diversion status;
(vi) Service participation and whether the service was provided by community partners or an in-house facility;
(vii) Program completion data;
(viii) Referral to smart practices services;
(ix) Child welfare involvement; and
(x) Identifying data necessary to track the long-term outcomes of diverted youth.
(b) On or before August 1, 2027, and each August 1 thereafter, each agency that receives diversion money pursuant to subsection (2) of this section shall report on the number of youths who were screened for eligibility for diversion since the date of the previous report but were subsequently rejected. At a minimum, the report shall include demographic data such as age, race and ethnicity, gender, sexual orientation, and gender identity. The reports shall include the data for the state fiscal year from July 1 through June 30.
(c) For the purposes of this subsection (9), when collecting demographic data from a youth, governmental units and nongovernmental agencies shall provide the youth with an option to decline to disclose demographic information.
(10) (a) In collaboration with the division, each program providing services pursuant to this section shall develop objectives and report progress toward established objectives as required by rules promulgated by the director.(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to effectuate the purposes of this section.(c) In addition to its other duties under this section, the division shall:(i) Offer technical assistance to governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data, and to support program development and adherence to program requirements; and(ii) Submit a consolidated statewide report, on December 1 each year, to the Governor, Lieutenant Governor, the Speaker of the House, the Chair of the Senate Judiciary, Division A Committee, and to the Chair of the House Judiciary A Committee.
(a) In collaboration with the division, each program providing services pursuant to this section shall develop objectives and report progress toward established objectives as required by rules promulgated by the director.
(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to effectuate the purposes of this section.
(c) In addition to its other duties under this section, the division shall:(i) Offer technical assistance to governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data, and to support program development and adherence to program requirements; and(ii) Submit a consolidated statewide report, on December 1 each year, to the Governor, Lieutenant Governor, the Speaker of the House, the Chair of the Senate Judiciary, Division A Committee, and to the Chair of the House Judiciary A Committee.
(i) Offer technical assistance to governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data, and to support program development and adherence to program requirements; and
(ii) Submit a consolidated statewide report, on December 1 each year, to the Governor, Lieutenant Governor, the Speaker of the House, the Chair of the Senate Judiciary, Division A Committee, and to the Chair of the House Judiciary A Committee.