[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:
ASSAULTIVE CRIME
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.
COURT
The 44th District Court.
DIVERT or DIVERSION
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:
A.
The minor is released into the custody of his or her parent, guardian,
or custodian and the investigation is discontinued.
B.
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.
MINOR
An individual who is 17 years of age.
Before a decision is made to divert a minor, all of the following factors
shall be examined;
A. The nature of the alleged offense.
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.