Code of Vermont Rules › Agency 06 - OFFICE OF THE ATTORNEY GENERAL › Sub-Agency 020 - CRIMINAL JUSTICE DIVISION › Chapter 001 - STATE ADMINISTRATION OF THE VERMONT COURT DIVERSION PROGRAM › Section 06 020 001 - STATE ADMINISTRATION OF THE VERMONT COURT DIVERSION PROGRAM

Current through June, 2024
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.