Texas Code of Criminal Procedure 45.308 – Diversion Agreement
Current as of: 2024 | Check for updates
|
Other versions
(a) A diversion agreement must identify the parties to the agreement and the responsibilities of the child and the child’s parent to ensure their meaningful participation in a diversion under Article 45.309 or 45.310.
(b) Stated objectives in a diversion agreement must be measurable, realistic, and reasonable and consider the circumstances of the child, the best interests of the child, and the long-term safety of the community.
Terms Used In Texas Code of Criminal Procedure 45.308
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A diversion agreement must include:
(1) the terms of the agreement, including one or more diversions required to be completed by the child, written in a clear and concise manner and identifying any offense or charge being diverted;
(2) possible outcomes or consequences of a successful diversion and an unsuccessful diversion;
(3) an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;
(4) an explanation of the process that will be used for reviewing and monitoring compliance with the terms of the agreement;
(5) the period of the diversion;
(6) a verification that:
(A) the child and the child’s parent were notified of the child’s rights, including the right to refuse diversion; and
(B) the child knowingly and voluntarily consents to participate in the diversion; and
(7) written acknowledgment and acceptance of the agreement by the child and the child’s parent.
(d) The terms of an agreement may vary depending on the circumstances of the child, including the child’s age and ability, the charge being diverted, or the diversion strategy used.
(e) A charge may not be filed against a child or, if filed, shall be dismissed by the court if the child:
(1) does not contest the charge;
(2) is eligible for diversion under Article 45.304; and
(3) accepts the terms of the agreement.
(f) Entering into a diversion agreement under this article extends the court’s jurisdiction for the term of the agreement.
(g) On entering into a diversion agreement, a copy of the agreement shall be provided to the child and the child’s parent, the clerk of the court, a youth diversion coordinator, and any person specified by the youth diversion plan.