Who Qualifies for Diversion Programs in New York City’s Courts?

Who Qualifies for Diversion Programs in New York City’s Courts?

Key Factors in Diversion Eligibility

There are several key factors courts consider when deciding if a defendant is eligible for a diversion program:

• Criminal History – Most diversion programs bar participation for defendants with extensive or violent criminal histories. Those with no prior arrests or convictions are often the best candidates.
• Charges – Diversion is usually limited to those facing low-level felony or misdemeanor charges. Defendants facing serious violent felonies are typically ineligible.
• Admission of Guilt – Most diversion programs require defendants to take responsibility for their actions by admitting guilt upfront. Maintaining innocence disqualifies most candidates.

1. Court Employment Project (CEP)

The Court Employment Project (CEP) has relatively lenient eligibility requirements:

• Open to defendants aged 16-24
• Pending non-violent felony or misdemeanor charges
• No prior violent felony convictions
• No sex offense charges

Defendants complete a 6-week job readiness training program and maintain employment for the duration of their case.

2. Project Reset

Project Reset accepts defendants aged 16-30 facing first-time drug possession charges. Prior non-violent convictions may be allowed. Participants attend drug treatment, counseling, and educational services over a 6-12 month period.

3. Manhattan Diversion Program

The Manhattan Diversion Program is only open to defendants facing misdemeanor charges in Manhattan courts. Candidates cannot have prior convictions or pending cases in other boroughs. The program lasts 6-12 months and includes counseling, community service, and victim restitution payments.

The Diversion Screening Process

The district attorney’s office typically determines whether a defendant meets the basic eligibility rules for diversion. Defense attorneys may also request diversion on their client’s behalf. Here are the key steps in the screening process:

• Initial eligibility check – Prosecutors review the defendant’s background and charges to see if they meet the threshold criteria.
• Interview – Eligible candidates are interviewed to evaluate their suitability and motivation for completing the program.
• Diversion recommendation – The prosecutor decides whether to offer diversion based on the interview and other factors.
• Judicial approval – The judge reviews and approves the prosecutor’s diversion recommendation for the defendant.

Working with a Defense Attorney

Having an experienced criminal defense attorney represent you can be invaluable in securing diversion. Your attorney can:

• Negotiate with prosecutors to get you into an appropriate diversion program
• Advise you on how to present yourself as a strong candidate during screening
• Develop a supervision plan that sets you up for successful completion
• Guide you through every step of the process

Diversion Opportunities Vary by Borough

Manhattan

• Manhattan Diversion Program
• Project Reset
• CEP

Brooklyn

• Youth and Congregations in Partnership (YCP)
• Day Treatment Program
• DTAP

Queens

• Queens Misdemeanor Opportunities Program (Q-MOP)
• Q-TOP

The Bronx

• Bronx Misdemeanor Diversion Program

Staten Island

• Staten Island Justice Center Diversion Program

The legal advocacy nonprofit New York County Defender Services provides an in-depth guide on the various diversion programs available across NYC courts.

Diversion for Drug Offenses

Common diversion programs for drug charges include:

• DTAP – Brooklyn Treatment Alternative to Prison
• TEP – Treatment and Education Project
• DTX – Drug Treatment Experimental Programs

The Benefits of Diversion

• Charge dismissal – Defendants who successfully complete mandated requirements will have their charges dropped.
• No jail time – Diversion allows defendants to avoid incarceration and continue living and working in their communities.
• Privacy – Diversion keeps the entire criminal case confidential from public records.
• Second chances – Defendants avoid having a permanent criminal conviction on their records.

Resources

How New York City’s Diversion Courts Keep People Out of Jail – Reddit thread discusses NYC diversion programs

What is Diversion? – Quora post explains the diversion concept

New York Diversion Programs – Avvo guide covering NY diversion eligibility

New York Pretrial Diversion Programs – Overview from LawInfo of NY pretrial diversion programs

Diversion Programs – FindLaw analysis of various NY diversion programs

Conclusion

Diversion programs allow eligible defendants in New York City courts to avoid conviction and incarceration. Candidates who successfully complete mandated requirements like counseling, community service, or drug treatment can earn a complete dismissal of their charges. Diversion provides benefits like privacy, second chances, and avoiding jail time. With proper legal guidance, many defendants can pursue diversion as an alternative to traditional sentencing.