[HISTORY: Adopted by the City Commission of the City of Royal Oak
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-2007 by Ord. No. 2007-17]
This article shall be known and may be cited as the "Diversion Ordinance."
As used in this article, the following terms shall have the meanings
indicated:
An offense that, if committed by an adult, would constitute an offense
against a person described in section 82, 83, 84, 86, 87, 88, 89, 316, 317,
321, 349, 349a, 350, 397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530
of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, §§ 750.82,
750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316, 750.317, 750.321,
750.349, 750.349a, 750.350, 750.397, 750.520b, 750.520c, 750.520d, 750.520e,
750.520g, 750.529, 750.529a, and 750.530 of the Michigan Compiled Laws Annotated.
The 44th District Court.
The placement that occurs when a formally recorded apprehension is
made by a law enforcement agency for an act by a minor for which a criminal
charge could be authorized, but instead of the authorization of a charge,
either of the following occurs:
The minor is released into the custody of his or her parent, guardian,
or custodian and the investigation is discontinued.
The minor and the minor's parent, guardian, or custodian agree
to work with a person or public or private organization or agency that will
assist the minor and the minor's family in resolving the problem that
initiated the investigation.
The City of Royal Oak Police Department.
An individual who is 17 years of age.
A.
If in the course of investigating an alleged offense
by a minor for which a criminal charge has not been authorized, a law enforcement
official may do one of the following:
(1)
Release the minor into the custody of his or her parent,
guardian, or custodian and discontinue the investigation.
(2)
Divert the matter by making an agreement pursuant to § 461-5 with the minor and the minor's parent, guardian, or custodian to refer the minor to a person or public or private organization or agency that will assist the minor and the minor's family in resolving the problem that initiated the investigation.
C.
A minor accused of or charged with an assaultive offense
shall not be diverted.
Before a decision is made to divert a minor, all of the following factors
shall be examined;
A.
The nature of the alleged offense.
B.
The minor's age.
C.
The nature of the problem that led to the alleged offense.
D.
The minor's character and conduct.
E.
The minor's behavior in school, family, and group
settings.
F.
Any prior diversion decisions made concerning the minor
and the nature of the minor's compliance with the diversion agreement.
A.
If a decision is made to divert a minor with a referral under § 461-3A(2), a conference with the minor and the minor's parent, guardian, or custodian shall be held to consider alternatives to the authorization of a criminal charge. The law enforcement official shall notify the minor and the minor's parent, guardian, or custodian of the proposed conference and shall inform the minor, and the minor's parent, guardian, or custodian of all of the following:
(1)
That participation in the conference or resulting referral
plan is voluntary.
(2)
That an attorney may accompany the minor and the minor's
parent, guardian, or custodian at the conference.
(3)
The alternative referral programs available and the criteria
utilized to determine whether to authorize a criminal charge or make a referral.
(4)
That if diversion is agreed to and the minor complies
with the term of the diversion agreement and the referral plan, a criminal
charge cannot be authorized.
B.
The conference to consider alternatives to the authorization
of a criminal charge shall not be held until after the questioning, if any,
of the minor has been completed or after an investigation has been made concerning
the alleged offense. Mention of, or promises concerning, diversion shall not
be made by a law enforcement official in the presence of the minor or the
minor's parent, guardian, or custodian during any questioning of the
minor. Information divulged by the minor during the conference or after the
diversion is agreed to, but before a criminal charge has been authorized,
shall not be used against the minor.
C.
If a conference held under this section results in diversion
that imposes conditions on the minor and that will prevent the authorization
of a criminal charge, the terms of the diversion agreement shall be set forth
in writing, dated, and signed by the law enforcement official, the minor,
and the minor's parent, guardian, or custodian.
D.
If a conference is held under this section and an agreement under Subsection C is not reached, a criminal charge may be authorized as provided by law. If an agreement under Subsection C is not reached and a criminal charge is to be authorized, the charge shall be authorized not later than 30 days after the conference.
E.
If the minor fails to comply with the terms of the diversion
agreement and the referral plan, the law enforcement official may revoke the
diversion agreement. If the diversion agreement is revoked, a criminal charge
may be authorized as provided by law.
A.
When a decision is made to divert a minor, the law enforcement
official shall file with the Court all of the following information:
(1)
The minor's name, address, and date of birth.
(2)
The act or offense for which the minor was apprehended.
(3)
The date and place of the act or offense for which the
minor was apprehended.
(4)
The diversion decision made, whether referred or released.
(5)
The nature of the minor's compliance with the diversion
agreement.
