2018-137-E CRJD - S Solutions, Inc. misdemeanor program MOU

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DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D Eligibility • 16 or 17 years old at time of offense • No adult criminal record (can have a juvenile record) • Must be a misdemeanor offense. However, sex offenses, firearms offenses and traffic offenses are specifically excluded • Final discretion on MDP referral remains with law enforcement officers and the District Attorney's Office' • Restitution, if required, must be resolved outside the MDP process' Referral Process • Officer determines there is probable cause to arrest or issue a citation for a criminal charge and that an arrest or citation would otherwise occur • Officer gives youth an MDP Postcard and explains MDP and the requirement to contact the MDP Coordinator within 72 hours • Officer completes an MDP Referral Form and Incident Report (IR) and submits it to their MDP Law Enforcement Liaison within 48 working hours • Liaison confirms eligibility, reviews and supplements Referral Form as needed and submits IR and MDP Referral Form to MDP Coordinator within 48 working hours MDP Intake Process • MDP Coordinator receives Referral Forms and IR • MDP Coordinator sets up appointment with youth and parent or guardian within 10 days • At meeting, the intake interview is completed, the Release to Opt -in is signed, a general release is signed, the Diversion Plan is entered and the mandatory court date is assigned • The Diversion Plan will include 8 -12 (max is 15) hours of community service, classes or other treatment or diversionary programming based on the individual needs of the youth • The Diversion Plan must be completed within 90 days of being entered • No admission of guilt is requested or required ' If a victim objects to the youth being referred to MDP, the officer will advise the Law Enforcement Liaison of this on the Incident Report. The Liaison will then contact the victim and if there is still an objection, the victim will be referred to the District Attorney's office for the final determination of eligibility. 2 Restitution will not be collected in MDP. If a victim is requesting restitution, that information will be noted on the Incident Report and the Law Enforcement Liaison and MDP Coordinator can speak to the victim about civil remedies and the benefits of MDP. In addition, attorney Kellie Mannette has offered to assist MDP - eligible youth pro bono in restitution settlement issues to increase opportunities for eligibility. If the restitution issue cannot be resolved quickly, the DA's Office will make the final decision regarding the youth's eligibility for MDP.