First Time Felony Diversion Program

Introduction

This legislation is designed to create a path for first-time felons to be provided an opportunity at a Diversion program at Judicial Discretion. First time Felons will go before the courts and state their case, and, if seen fit, the Judiciary can elect to enroll the offender into a Diversion Program to seal/remove their charges. 

Constitutional Justification:

The Constitution Enshrines the rights of Citizens to Due Process and a Fair Trial, and is within the Legislative Authority of the San Andreas Department of Justice.

Details and Implementation:

Once an individual has been charged with a Felony for the first time, they must do the following:

1. Request a Bench Trial. If no Bench Trial is available, the matter can be submitted via Criminal Appeal on the Docket within the Statute of Limitations.
2. At the conclusion of the trial, the Defendant can elect to request entrance into the Diversion Program. The Judge/Justice presiding over the matter will review whether the Defendant is a first time felon and verify eligibility based on their discretion.
3. If accepted, the Judge/Justice, at their discretion, will provide a set of conditions that the Defendant needs to meet/maintain. The conditions will remain in place for no more than 30 days. 
4. Once complete, the Defendant can approach any Judge or Justice to have the charges removed from their record. Defendants will not be refunded the fines for these charges.

This legislation applies to all individuals who received their first Felony offense on or after July 10th, 2024.

If an individual and the prosecution both agree that the Diversion Program would be a good option for the individual, they may request a Judge/Justice to hear the case without the need for a bench trial or formal judicial action. They must simply request a Judge/Justice to review the case and note that both parties seek the program for the accused, and if the Judge/Justice finds it appropriate they may grant the program and conditions at their descretion.

This legislation is effective immediately.

Signature:

𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕹𝖔𝖗𝖒𝖆𝖓 𝕬𝖉𝖆𝖒𝖘, 𝖘𝖎𝖌𝖓𝖊𝖉 07/30/2024