Purpose
H.B. 3186 (88th Legislative Session), the Texas Youth Diversion and Early Intervention Act, increases opportunities for early identification of at-risk youth and redirecting juveniles accused of certain Class C misdemeanors.
Eligibility
Juveniles (at least 10 years of age and younger than 17 years of age) charged with non-traffic offenses are eligible for Diversion if it is found that it is in the best interest of the child and promotes the long-term safety of the community with the following exceptions:
- A juvenile can only enter a diversion agreement once every 365 days.
- Diversion is prohibited if the child has previously failed a diversion program.
- Diversion is not allowed if the prosecutor objects.
- The court needs written consent from both the juvenile and their parent to approve diversion.
- Diversion is not an option if the juvenile wants to contest the charge.
If the juvenile is eligible for diversion from prosecution, the judge will inform both the juvenile and their parent of the available options during the arraignment.