Probation and diversion models are methods of rehabilitative and restorative corrections. There are a multitude of variations between juvenile probation and diversion in addition to similarities. There have been thousands of juvenile programs which have been developed and undergone comprehensive recidivism analysis by outside auditors over the past thirty years. Sentences for low level, non-violent offenders need to be commensurated according to the harm caused; ergo, measuring the effects on the victim, the community, and the rehabilitative needs of the offender. The cognitive skills of a sixteen year old of twenty years ago are very different from that of a sixteen year old in 2015; accordingly, these factors need to be taken into consideration…show more content… Definition: “Probation” is the most common form of criminal sentencing in the United States and is referred to as the “workhorse” of the juvenile justice system (OJJDP, 1996). Probation is where a person is convicted of an offense, but rather than going to detention, a juvenile is released and subject to supervision. If juvenile violates the terms of probation, the judge can then sentence the youth to detention. Probation is for a person who needs strict supervision to aid in rehabilitation but does not need require confinement incarcerated. ● “Diversion” permits a person to go through treatment and other conditions to avoid a conviction. Diversionary programs are usually for first-time offenders who do not need confinement or strict supervision to be…show more content… Suspended Sentences: Detention which has been put on hold if the juvenile complies with the conditions of probation or the completion of another court mandated program (e.g., substance abuse). ● Diversion is where a case has been deflected out of the criminal justice system. Charges are dropped when the juvenile has completed a court mandated rehabilitative or restorative treatment program.
V. Fines: In 2012 Gov. Jay Nixon signed some changes in sentencing into law which would reduce detention by increasing probation and diversion for people convicted of certain drug offenses and lower-level C and D felonies. Fines are generally a condition of probation whereas diversion/intervention fees are a condition of diversion. Fines and intervention fees are generally reserved for first time, low risk, and non-violent offenders. Fines go to the state, federal, or local government prosecuting the crime.
VI. Economic Sanctions: Youth on probation or those who qualify for diversion are both subject to conditions of restitution if applicable (e.g., stolen or damaged property, fraud). Restitution is one part of the sanction, in addition to probation and diversion, it can include confinement, treatment, community service, and other alternatives (e.g., electronic monitoring). Restitution is paid to the victim by the defendant or a state restitution