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DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CRIMINAL JUSTICE RESOURCE OFFICE <br />Caitlin Fenhagen <br />Criminal Justice Resource Manager <br />Orange County Courthouse <br />106 East Margaret Lane <br />Hillsborough, NC 27278 <br />Phone: 919- 245 -2303 <br />Fax: 919 - 640 -1729 <br />Oranl?e Countv Misdemeanor Diversion Program <br />Summary of Program: With the support and approval of Judicial District 15B Resident Superior Court <br />Judges, the Chief District Court Judge, the District Attorney's Office, the Public Defender's Office, the <br />Orange County Clerk of Court, the Orange County Criminal Justice Resource Office, the Sheriff of Orange <br />County, and the Chiefs of Police for Chapel Hill, Carrboro, Hillsborough, Mebane and UNC, a new <br />Misdemeanor Diversion Program (MDP) for 16 and 17 year olds, who have no adult criminal record, <br />began operation on April 15, 2016. <br />North Carolina is one of only two states that prosecute all 16 and 17 year olds charged with criminal <br />offenses in the adult system. Even when charges are dismissed, if the arrest and court records are not <br />expunged, the incident and youth's record of arrest follows him or her into adulthood creating <br />significant impediments to employment and education. The direct and indirect (or collateral) <br />consequences of an arrest in the adult legal system can also impact public benefits, housing, licenses <br />and legal residency status. <br />The purpose of the MDP is to divert first time arrests or citations for eligible misdemeanor charges. <br />Rather than issuing a citation or making an arrest where probable cause exists, law enforcement officers <br />in Orange County will instead issue a youth citation that will initiate the diversionary process by <br />directing the youth to contact the MDP Coordinator. The officer will simultaneously complete an <br />Incident Report and an MDP Referral Form to forward to their MDP Law Enforcement Liaison. After the <br />Liaison confirms that that the youth is eligible for MDP, the Liaison will then submit the information to <br />the MDP Coordinator who will meet with the youth and prepare a diversion plan and require the <br />attendance of a mandatory court session. Diversion plans will include programming tailored for the <br />individual youth, such as community service hours, mental health and substance treatment, leadership <br />classes, and restorative justice opportunities. After a period of no more than 90 days, the MDP <br />Coordinator will determine if there has been successful compliance with the diversion plan terms. If <br />there is compliance, no charges will be filed. If there has not been compliance, the MDP Coordinator will <br />notify the Law Enforcement Liaison so that the filing of formal charges can be considered. <br />It is important to note that this program should not be used UNLESS the law enforcement officer would <br />otherwise initiate a formal criminal process against a 16 or 17 year old. <br />An Equal Opportunity /Affirmative Action Employer <br />www.orangecountVnc.gov <br />