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4 <br /> Eligibility <br /> • 16 or 17 years old at time of offense <br /> • No adult criminal record (can have a juvenile record) <br /> • Must be a misdemeanor offense. However, sex offenses, firearms offenses and traffic offenses <br /> are specifically excluded <br /> • Final discretion on MDP referral remains with law enforcement officers and the District <br /> Attorney's Office' <br /> • Restitution, if required, must be resolved outside the MDP process2 <br /> Referral Process <br /> • Officer determines there is probable cause to arrest or issue a citation for a criminal charge and <br /> that an arrest or citation would otherwise occur <br /> • Officer gives youth an MDP Postcard and explains MDP and the requirement to contact the MDP <br /> Coordinator within 72 hours <br /> • Officer completes an MDP Referral Form and Incident Report (IR) and submits it to their MDP <br /> Law Enforcement Liaison within 48 working hours <br /> • Liaison confirms eligibility, reviews and supplements Referral Form as needed and submits IR <br /> and MDP Referral Form to MDP Coordinator within 48 working hours <br /> MDP Intake Process <br /> • MDP Coordinator receives Referral Forms and IR <br /> • MDP Coordinator sets up appointment with youth and parent or guardian within 10 days <br /> • At meeting,the intake interview is completed, the Release to Opt-in is signed, the Diversion Plan <br /> is entered and the mandatory court date is assigned <br /> • The Diversion Plan will include 8-10 (max is 15) hours of community service, classes or other <br /> treatment or diversionary programming based on the individual needs of the youth <br /> • The Diversion Plan must be completed within 90 days of being entered <br /> • No admission of guilt is requested or required <br /> ' If a victim objects to the youth being referred to MDP,the officer will advise the Law Enforcement Liaison of this <br /> on the Incident Report.The Liaison will then contact the victim and if there is still an objection,the victim will be <br /> referred to the District Attorney's office for the final determination of eligibility. <br /> 2 Restitution will not be collected in MDP.If a victim is requesting restitution,that information will be noted on the <br /> Incident Report and the Law Enforcement Liaison and MDP Coordinator can speak to the victim about civil <br /> remedies and the benefits of MDP.In addition,attorney Kellie Mannette has offered to assist MDP-eligible youth <br /> pro bono in restitution settlement issues to increase opportunities for eligibility.If the restitution issue cannot be <br /> resolved quickly,the DA's Office will make the final decision regarding the youth's eligibility for MDP. <br />