Oneida County

Diversion is a voluntary, second chance program for justice-involved people who are facing misdemeanor and felony charges. The courts, prosecutors, participants, and defense attorneys refer possible cases upon agreement. Diversion assists participants in addressing issues that contributed to their offenses in an effort to prevent future criminal behavior while also avoiding the negative consequences of a criminal record. Depending on the charges, successful completion of diversion will result in a plea to a lesser charge, another alternative resolution, or dismissal of charges.

The Process

Upon being referred to diversion, JusticePoint will schedule an intake to complete a screening and/or an assessment with the participant. This process assists in developing an appropriate case plan with the participant. Program conditions are dependent on the participant’s risk level, needs, and individual circumstances. Diversion conditions will include targeted interventions to decrease recidivism. Not all participants have the same conditions nor are they supervised the same way.

Goals

Every participant will need to remain law-abiding while on diversion. In addition, participants will have a tailored case plan. Potential goals may include:
• Pay restitution (if applicable)
• Complete assigned community work service hours
• Participate in restorative justice activities
• Retain employment or education
• Complete a chemical health assessment and comply with recommendations
• Attend mental health programming and/or attend cognitive skills programming

Time Commitment

The length of the diversionary period can range between six to 12 months and is determined by the participant’s risk level, diversion conditions, and compliance. Once the participant’s goals/conditions are completed, the case is resolved. While on diversion, the case is still pending and may appear on a background check.

Successful Completion

Once program goals are completed successfully, the case will be resolved pursuant to the agreed upon
resolution. Diversion resolutions include pleading to a lesser charge, a non-permanent conviction, or
dismissal. As with every criminal court case record, a defendant is entitled to request the case court records be sealed, otherwise known as expungement.