Options for successful completion of the diversion program:
- Case remains unfiled/unpapered.
- Dismissal of all charges.
- Reduction in charges.
- Expungement after completion.
- Plan can incorporate any immediate ramifications for noncompliance with the program.
When reviewing safety measures and noncompliance, consider:
Safety violations versus technical violations in the context of the history of abuse. While safety violations are of paramount concern, this toolkit does not diminish the seriousness of technical violations that accused individuals can utilize to retraumatize or continue to exercise control over the victim. Therefore, mechanisms for victim input and contextualizing all violations within the context of the history of abuse can be included for each violation regardless of technicality.
A graduated system of intense counseling for technical violations may be considered by program planners, with more severe or repeat technical violations leading to a return to the prosecution track. Prosecutors can retain the discretion to utilize the context and victim input of a violation to return a case to the prosecution track in the appropriate circumstances.