Caledonia and Essex Counties Court Diversion and Pretrial Services Programs

The Court Diversion and Pretrial Services programs are a restorative alternative to certain criminal and civil legal processes. The state’s attorney may offer Diversion programs to adults and youth who are charged with committing crimes.

After successful completion of the criminal programs, the original charge is dismissed and two years from the date of dismissal the record is expunged.

There are numerous different programs under the umbrella of Court Diversion and Pretrial Services. With the exception of criminal juvenile and Civil DLS referrals, there are fees for Diversion programs of up to $175.00.

Court Diversion (Juvenile and Adult)

Diversion is a restorative alternative for individuals charged with a crime. After police issue a citation for violating the law, the state’s attorney decides whether to refer the person out of the court system to the community-based Court Diversion program.

A person referred to Diversion:

chooses whether to participate or not – participation is voluntary,

admits responsibility for his/her actions,

meets with a board of community volunteers and completes a contract designed to repair the harm done to the victim and the larger community, and address underlying factors in the individual’s life that contributed to the crime,

pays a fee, and

avoids a permanent criminal record if s/he completes the program successfully.

Other key aspects of Diversion:

Victims’ views are heard and reflected in the contract developed by the Review Board and participant

Case managers support participants through the process to successful completion

If an individual does not complete the contract, the case is returned to the state’s attorney for prosecution.

Civil DLS Diversion Program

The Civil DLS Diversion Program is designed to help people regain their driver’s license while they pay off their fines and fees. Participants work with Diversion staff to develop a contract including a payment plan that is presented to the Vermont Judicial Bureau (VJB) for review. Upon approval by VJB Hearing Officer, the Department of Motor Vehicles (DMV) is notified that the person is in compliance with the VJB. DMV re-instatement requirements must also be met before the person’s driver’s license is re-instated.

Youth Substance Awareness Safety Program (YSASP)

The Youth Substance Awareness Safety Program works with 16–21-year-olds for breaking underage drinking laws, possession of marijuana, or buprenorphine.  YSASP educates referred individuals on the risks and consequences of alcohol, marijuana, and buprenorphine, and identifies youth with potential substance abuse issues so they may receive adequate treatment

Tamarack

The Tamarack program is Diversion, however, individuals referred to Tamarack are thought to need mental health or substance abuse treatment, indicative of a screening or other available information to the prosecutor and/or defense attorney.  When an individual is referred, their needs are addressed, and they are connected to necessary support before their case is run.  Once the individual has been properly connected, their case is run as other Diversion cases are, in a restorative manner. 

Pretrial Services

Pretrial Services offers support to individuals thought to have mental health and/or substance abuse disorders by quickly connecting them to treatment supports during the pretrial phase.  The only people who are ineligible for pretrial services are those with an offense that requires registration as a sex offender, an offense punishable by a term of life imprisonment, or anyone under the age of 18.  Pretrial Services is a voluntary court-ordered program, however, individuals can self-refer, though this is typically initiated by their defense attorney.  Individuals can also be notified of our services if it is apparent when interacting with them that they could benefit from getting connected to different support options.  If during a stop it is apparent the individual is experiencing crisis, informing them of the help Pretrial Services can give may benefit them.   

Contact for YSASP, DLS, Diversion:

Amanda Robinson, (802) 745-1326, amanda@communityrjc.org

Contact for Pretrial Services, Tamarack, Diversion:

Lindsay Warren, (802) 745-1361