Diversion Strategies

Tex. Code of Criminal Procedure § 45A.505, under Chapter 45A.

Tex. Code of Criminal Procedure § 45A.505

Art. 45A.505. DIVERSION STRATEGIES. (a) Diversion strategies include: (1) requiring a child to participate in a program, including: (A) a court-approved teen court program operated by a service provider; (B) a school-related program; (C) an educational program, including an alcohol awareness program, a tobacco awareness program, or a drug education program; (D) a rehabilitation program; or (E) a self-improvement program, including a program relating to self-esteem, leadership, self-responsibility, empathy, parenting, parental responsibility, manners, violence avoidance, anger management, life skills, wellness, or dispute resolution; (2) referring a child to a service provider for services, including: (A) at-risk youth services under Subchapter D, Chapter 137, Human Resources Code; (B) juvenile case manager services under Article 45A.451; (C) work and job skills training, including job interviewing and work preparation; (D) academic monitoring or tutoring, including preparation for a high school equivalency examination administered under Section 7.111, Education Code; (E) community-based services; (F) mental health screening and clinical assessment; (G) counseling, including private or in-school counseling; or (H) mentoring services; (3) requiring a child to: (A) participate in mediation or other dispute resolution processes; (B) submit to alcohol or drug testing; or (C) substantially comply with a course of treatment prescribed by a physician or other licensed medical or mental health professional; and (4) requiring a child, by court order, to: (A) pay restitution not to exceed $100 for an offense against property under Title 7, Penal Code; (B) perform not more than 20 hours of community service; or (C) perform any other reasonable action determined by the court. (b) A diversion strategy may be imposed under: (1) an intermediate diversion under Article 45A.509; (2) a diversion by a justice or judge under Article 45A.510; or (3) a system of graduated sanctions for certain school offenses under Section 37.144, Education Code. (c) A diversion strategy under this subchapter may not require a child who is a home-schooled student, as defined by Section 29.916, Education Code, to: (1) attend an elementary or secondary school; or (2) use an educational curriculum other than the curriculum selected by the parent. Added by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.027(a), eff. September 1, 2025.