                                 CODE OF VIRGINIA

YOUTH JUSTICE DIVERSION PROGRAM (§ 16.1-309.11)

A. For the purposes of this section, &#8220;youth justice diversion
program&#8221; means a diversionary program that (i) is monitored by a local
youth justice diversion program advisory committee; (ii) uses juvenile
volunteers as lawyers, jurors, and other court personnel; (iii) uses volunteer
attorneys as judges; (iv) conducts peer trials of juveniles who are referred to
the program by the intake officer; and (v) imposes various sentences emphasizing
restitution, rehabilitation, accountability, competency building, and education,
but not incarceration.

B. Any jurisdiction may establish a youth justice diversion program upon
establishment of a local youth justice diversion program advisory committee and
approval of the youth justice diversion program by the chief judge of the
juvenile and domestic relations district court that serves such jurisdiction.
Each local youth justice diversion program advisory committee shall ensure
quality, efficiency, and fairness in the planning, implementation, and operation
of the youth justice diversion program that serves the jurisdiction. Advisory
committee membership may include, but shall not be limited to, the following
persons or their designees: (i) a judge from the juvenile and domestic relations
district court that serves such jurisdiction; (ii) the attorney for the
Commonwealth; (iii) the public defender or a member of the local criminal
defense bar in jurisdictions in which there is no public defender; (iv) the
clerk of the court in which the youth justice diversion program is located; (v)
a representative of the Department of Juvenile Justice from the local office
that serves the jurisdiction; (vi) a local law-enforcement officer; (vii) a
representative of a local school in such jurisdiction; (viii) a representative
of juvenile court services; (ix) a representative of a juvenile detention center
or group home; (x) a representative of a local children and family services
agency; and (xi) any other persons selected by the local youth justice diversion
program advisory committee.

C. Each local youth justice diversion program advisory committee shall establish
criteria for the eligibility and participation of juveniles alleged to have
committed a delinquent act other than an act that would be a felony or a Class 1
misdemeanor if committed by an adult in the youth justice diversion program,
with the consent of the juvenile&#8217;s parent or legal guardian.

D. Each local youth justice diversion program advisory committee shall establish
policies and procedures for the operation of the youth justice diversion program
to attain the following goals: (i) early intervention in and prevention of
delinquent behavior; (ii) providing positive alternative sanctions for offenders
by providing a peer-driven sentencing mechanism that allows young people to take
responsibility, to be held accountable, and to make restitution; (iii)
advocating for fair, constructive, and restorative sentences predicated on
sensitivity to the unique needs and the diversity of the participating
juveniles; and (iv) developing positive citizenship attitudes, encouraging civic
engagement, and promoting educational success through a diversity of service
learning opportunities, strategies, and activities.

E. All records and reports concerning juvenile participants in a local youth
justice diversion program made available to members of a local youth justice
diversion program advisory committee and volunteers of a local youth justice
diversion program and all records and reports identifying a juvenile participant
that are generated by the committee or program from such reports shall be
confidential and shall not be disclosed, except as authorized by other
applicable law.

F. A juvenile referred to a youth justice diversion program may be required to
contribute to the cost of the program pursuant to guidelines developed by the
local youth justice diversion program advisory committee.

HISTORY: 2021, Sp. Sess. I, c. 457.