06-001 Code Vt. R. 06-020-001-X

Current through August, 2024
Section 06 020 001 - STATE ADMINISTRATION OF THE VERMONT COURT DIVERSION PROGRAM
I. These rules shall apply to the State appropriation for both the Juvenile Court Diversion Project and the Adult Court Diversion Project. These two projects combined shall be known as the Vermont Court Diversion Program.
II. The Attorney General of the State of Vermont shall serve as the State Administrator for the Vermont Court Diversion Program and shall channel the State appropriation to local court diversion programs which serve one or more counties in the State. If there are two or more programs in a county that seek State funds for court diversion, the Attorney General, after consultation with the State's Attorney in that county and the Chairperson of the Vermont Association of Court Diversion Programs, Inc. shall decide which program will receive the funds.
III. Each local court diversion program shall consist of four major components:
(A) At Least One Diversion Review Board

A Diversion Review Board is a group of citizens who volunteer their time to review applications and to design and oversee the contracts for individual diversion program clients in their county.

Each Diversion Review Board should include at least ten members, at least one of whom is a person chosen by the Sponsoring Agency to represent the Agency on the board unless the Sponsoring Agency elects not to be represented.

If there are two or more Diversion Review Boards within one local court diversion program, they must agree to share the same Sponsoring Agency and Diversion Program Director.

(B) A Sponsoring Agency

A Sponsoring Agency is an incorporated non-profit organization that applies for and receives money with which to operate a local court diversion program.

A diversion program can be its own Sponsoring Agency if it chooses to incorporate and apply for and receive funds. Otherwise, an incorporated non-profit organization must be located and selected to serve as sponsor.

Each local diversion program shall develop by-laws and policies relating to its membership, its operations, and its clients. These policies must be mutually acceptable to the Diversion Review Board and the Sponsoring Agency. The Diversion Review Board may establish the policy of allowing the Sponsoring Agency to set any or all policies.

Each Sponsoring Agency shall be considered by the Attorney General to be officially accountable for the proper expenditure of State funds allocated to the local court diversion program.

(C) A Diversion Program Director

The Diversion Program Director is the chief staff person hired by a Diversion Review Board and Sponsoring Agency to carry out the policies of the program.

Each Program Director shall meet the qualifications and perform the duties outlined in the Diversion Program Director's job description as approved by the Attorney General and the Vermont Association of Court Diversion Programs, Inc.

Each Diversion Program Director shall be paid compensation (including benefits) within a range commensurate with the State paygrade scale for positions of comparable responsibility in State government.

The Diversion Program Director shall account for his/her time and job performance to the Sponsoring Agency and shall otherwise conform with the personnel policies of the Sponsoring Agency.

Communications specific to the affairs of a local court diversion program shall be intitated [initiated] through contact with the local Program Director. Communications of a more general nature such as the coordination of administrative details on a statewide basis, shall be facilitated by the Chairperson of the Vermont Association of Court Diversion Programs, Inc.

(D) Diversion Program Clients

In accordance with 3 V.S.A. 163(c) and 164(c): "The diversion project shall only accept persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated."

All persons who are so charged and whose case otherwise complies with local program eligibility criteria as outlined in 3 V.S.A. 163(c)(4) and 164(c)(4), and who are referred for consideration by the local prosecutor shall be considered to be Diversion Program Clients.

All Diversion Program Clients who are eligible under 3 V.S.A. 164(c) (4) and who elect to participate in the program shall pay a fee to the local Adult Court Diversion Program. The amount of the fee shall be determined by the project officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $ 100.00. The fee shall be a debt due from the participant, but shall not be grounds for exclusion from participation in the program. Fees under this subsection shall be paid to the State of Vermont and shall be used solely for the purpose of the Adult Court Diversion Program. Annually, the director of each Court Diversion Program shall report to the Attorney General on all fees paid under this subsection.

IV. For the purpose of administering the Vermont Court Diversion Program, the Attorney General shall:
(A) require the Vermont Association of Court Diversion Programs, Inc. to submit for his approval annual detailed budget proposals which ensure that Court Diversion services are available throughout the State. Budget proposals shall include narrative budget justifications and such historical and projected caseload data as the Attorney General deems necessary to assure that the appropriation is distributed among programs in an equitable proportion to each local program's caseload and staffing requirements.
(B) ensure compliance with the provisions of 3 V.S.A. 163(c) (1-8) and 164(c) (1-8). Therefore, the Attorney General shall ensure that:
1. each Diversion Review Board in cooperation with the local State's Attorney, develops clear criteria for determining what types of offenses and offenders will be eligible for diversion.
2. each Diversion Program Director maintains records that document program compliance with all provisions in the law protecting the rights of participants. Consistency among programs in the method of documentation, forms used, and other record keeping procedures shall be monitored by the Attorney General with assistance from the Chairperson of the Vermont Association of Court Diversion Programs, Inc.

These records shall be kept for a minimum of three (3) years and shall include for each Diversion Program Client:

a. copies of all Petitions or Informations and Affidavits which form the basis of the client's referral to diversion.
b. proof that the client has been informed:
1. of his/her right to the advice and assistance of counsel at all stages of the diversion process.
2. that his/her selection of the diversion contract is voluntary.
3. that all information gathered in the course of the diversion process is to be held strictly confidential and shall not be released without the client's prior consent.
c. all necessary and appropriate release of information agreements.
d. the diversion contract.
3. each Diversion Program Director regularly evaluates the reasons for success or failure of the program in particular cases and overall. This shall include reporting quarterly to the Attorney General on the progress of each local program towards achieving the objectives which are annually agreed upon by the Attorney General and the Vermont Association of Court Diversion Programs, Inc.
(C) monitor comliance [compliance] with generally accepted rules and procedures for the adequate financial control of programs and shall require that each local Court Diversion Program:
1. submit annual detailed program budgets for review and approval prior to the start of each fiscal year.
2. submit timely drawdown requests for funding allocations on a quarterly basis.
3. submit timely financial expense reports on a quarterly basis detailing expenditures for the quarter and the fiscal year to date.
4. submit for review and approval any program budget revisions necessitated during the fiscal year.
5. return to the State General Fund those funds having been allocated by the State of Vermont but which have not been committed to local program expenditures during the fiscal year of allocation.

06-001 Code Vt. R. 06-020-001-X

Effective Date: October 1984 (Secretarty of State Rule Log #84-39)