Diversion is a voluntary and confidential community-based alternative to the formal court process for certain juvenile and adult offenders. The State’s Attorney refers each case on an individual basis.

The goals of this program are:

• Foster participant responsibility and positive qualities
• Repair the harm caused by criminal actions
• Reduce recidivism

To be accepted into the program, the participant must take responsibility for his/her unlawful actions for which they are being referred. If accepted, participants meet with their Diversion Coordinator and a restorative panel of trained volunteers. During this meeting, all parties will be involved in developing a contract, which outlines specific ways the participant can repair the harm caused by the offense and prevent the offense from happening again.

Diversion will attempt to contact every victim to appropriately compensate them for their losses or hardships. Victims are free to choose their level of engagement with the program; participation is encouraged, but is not obligatory.

Example contract conditions include:

• Community service
• Participate in an educational program
• Engage in mental health and/or substance abuse counseling
• Complete anger management
• Letter of apology
• Donation to a non-profit agency
• Research paper
• Restitution

If a participant successfully completes all tasks outlined in the contract, the charge will be dismissed by the state. If the participant does not get in further legal trouble for two years following the dismissal, the charge will be automatically expunged from the participant's record. If, however, the participant does not adhere to his/her contract, the participant will be returned to court for prosecution.

Program Contact:

Mia Baker, Coordinator
Email: mbaker@rutlandrestorativejustice.org
Cell: (802) 282-1161

YSASP works with individuals ages 16 through 20 that have been cited for possession/consumption of alcohol, possession of marijuana (an ounce or less), or buprenorphine (224 mg or less). The goals of the program are to:

• Hold youth accountable for their violation
• Educate youth about the consequences and risks of substances
• Identify youth with potential substance abuse problems so that they might receive treatment

Individuals are referred to this program by law enforcement through a “Notice to Report.” Participation in the program is voluntary. Requirements of this program are tailored to each case and participant, but participation in the program may include:

• Payment of program participation fee
• Completion of a substance abuse screening/assessment and follow all recommendations
• Meeting(s) with a certified substance use counselor
• Participation in an educational program
• Completion of community service

If the participant successfully completes the program, their driver’s license is not suspended and there is no adjudication on their record. If an individual chooses not to participate or fails to complete the program, a ticket is issued to the individual and the Vermont Judicial Bureau. Individuals may contest the ticket through the Vermont Judicial Bureau. If found in violation, the following penalties may be imposed through the Vermont Judicial Bureau in cooperation with the Department of Motor Vehicles:

• 1^st offense: $300 penalty and a 30-day driver’s license suspension
• 2^nd and all subsequent offenses: $600 penalty and a 90-day driver’s license suspension

If an individual’s license is suspended, individuals will need to pay a reinstatement fee through the Department of Motor Vehicles and automobile insurance rates may increase.

Program Contact:
Sarah Aines, DLS & YSASP Coordinator
Email: saines@rutlandrestorativejustice.org
Cell: 8027794573

The Civil DLS diversion program is designed to help individuals under suspension regain their driver’s license while they pay outstanding fees and fines.

The DLS case manager communicates with the Department of Motor Vehicles (DMV) and the Vermont Judicial Bureau to determine the requirements for reinstatement. Following this, participants will work with the DLS case manager to develop a contract, including a payment plan. This payment plan will be tailored to the participant’s financial situation.

Some individuals may be eligible for a reduction in their debt. Some participants may provide community service and/or participate in an educational program in exchange for a reduction in fees and fines owed. Reductions will be made on a case-by-case basis at the discretion of the DLS Coordinator as allowed by law and program policies. Eligibility for such reduction is based on the participant’s financial situation. Not all participants or tickets will be eligible for a reduction.

This contract will be presented as a motion to the Vermont Judicial Bureau (VJB) for review. If approved by the VJB Hearing Officer, DMV is notified of the participant’s compliance with VJB. The participant must still satisfy reinstatement requirements before regaining their license. These reinstatement requirements may include: obtaining SR22 insurance, resolve traffic fines owed to other states, et cetera.

Upon completion of these reinstatement requirements, the participant will receive notification from DMV that their license has been reinstated. As long as the participant continues to adhere to their DLS program contract, they will be permitted to drive.

During this program, participants will be expected to do the following:

• Attend an initial meeting to discuss:
  • Reasons for suspension
  • Their financial situation
  • Steps they must take to regain their license
  • How to pay off their fines and fees
• Complete a financial affidavit outlining personal income and expenses
• Develop and adhere to a contract, including a payment plan
• Attend follow up meetings as necessary
• Maintain appropriate level of communication with Coordinator
• Pay program fee of up to $175 (may be eligible for reduction)

If a person successfully completes the DLS program, all past civil violations will not count towards more serious criminal charges. Failure to adhere to the contract, including payment plan, leads to suspension of the participant’s license.

Not everyone is eligible for participation, such as those who current suspension is the result of a DUI or other serious infraction.

Program Contact:
Sarah Aines, DLS & YSASP Coordinator
Email: saines@rutlandrestorativejustice.org
Cell: 8027794573

Tamarack is a diversion-like program designed to assist adults with substance abuse or mental health treatment needs regardless of the person’s criminal history. The intention of this program is to support access to appropriate treatment or other resources with the aim of improving the participant’s health and reducing future adverse involvement in the justice system.

Participation is open to any adult charged with an offense in Criminal Division, except for those charged with certain felony offenses, regardless of criminal history. Cases can be referred to Tamarack before or after arraignment. Referrals are made on an individual basis at the discretion of the State’s Attorney’s office. Participation is voluntary.

To complete the program successfully, participants may need to do the following:

• Attend intake appointment and follow-up appointments as necessary
• Complete a mental health and substance abuse screening
• Develop and adhere to a contract designed to:
  • Address any mental health and substance abuse treatment needs a participant may have
  • Reduce the likelihood of reoffense
  • Repair the harm done by the offense
• Maintain appropriate level of communication with the Coordinator

Tamarack contracts are based on the specific participant’s needs and circumstances surrounding their illegal activity. Some example contract conditions are:

• Completing a mental health and/or substance abuse clinical assessment
• Engage in mental health and/or substance abuse treatment and follow providers’ recommendations
• Engage with various community resources, such as housing assistance programs
• Restitution
• Community service
• Payment of Tamarack participation program (reductions and payment plans available)

Tamarack will attempt to contact every victim to appropriately compensate them for their losses or hardships. Victims are free to choose their level of engagement with the program; participation is encouraged, but is not obligatory.

Participants successfully complete the program by adhering to their contract conditions. Upon successful completion, the State’s Attorney and Court will be notified and the charge(s) against the participant will be dismissed. If the participant does not get in further legal trouble for two years following the dismissal, the charge will be automatically expunged from the participant's record. Participants may be closed unsuccessfully if they:

• Fail to remain in contact with the Coordinator
• Do not adhere to their contract
• Are charged with another offense

If a participant does not complete the program successfully, prosecution will resume in court.

Program Contact:
Kate Goetz Pretrial Services Coordinator
Email: kgoetz@rutlandrestorativejustice.org
Cell: (802) 558-6297

The purpose of this program is to support quick connections to treatment supports for individuals with mental health and/or substance abuse treatment needs during the pretrial period. This program is open to any individual charged with an offense, except those charged with an offense punishment by a term of life imprisonment or which requires registration as a sex offender.

Participants may be ordered to engage with pretrial monitoring by the Court, or a person chooses to engage (self-referral). Typically, a self-referral is initiated by the participant’s defense attorney.

The goal of monitoring is to connect participants with community-based services that can persist once their criminal case has concluded.

At or following arraignment, a judge can order a person to:

1) Participate in a needs screening with a Pretrial Services Coordinator

• The goal is to obtain a preliminary indication of whether a person has a substantial substance abuse or mental health issue that warrants a clinical assessment.
• Screenings are completed within 3 business day, unless otherwise requested.
• By law, completed screenings results are given directly to the participants, their attorney, the prosecutor, and the court.
• If no other services have been ordered, participants have successfully engaged with pretrial services once this screening is complete.

2) Participate in a clinical assessment by a mental health or substance abuse treatment provider and follow the provider’s recommendations

• The Coordinator connects participants to appropriate treatment providers for a clinical assessment.
• The Coordinator provides verification clinical assessment attendance and treatment engagement to the Court.
• The treatment provider determines if the participant is engaged in treatment.
• Once the assessment is complete, if no treatment has been recommended, the participant has successfully engaged with pretrial services.

3) Engage in pretrial services

• This may include, but is not limited to:
  • Supporting the participant in meeting conditions of release imposed by the court
  • Connecting the participant with community-based treatment programs, rehabilitative services, and recovery supports
  • Other aspects of pretrial services as described above

Once a person is referred to Monitoring, the Coordinator will schedule an initial in-person meeting with the participant. During this appointment, contact information will be exchanged, a needs screening will be completed, and appointments will be set with community-based treatment providers. Participants will be asked to maintain contact with the Coordinator through meetings or phone communication as determined by the Coordinator. Coordinators work with participants until the case concludes in court.

Screenings in Correctional Facilities:
Pretrial services offers three screenings: mental health, substance abuse, and risk assessments. The type(s) of screenings administered depend on the circumstances surrounding the referral.

Participants lodged in Vermont correctional facilities are offered voluntary assessments.

Participants may also be required to complete screenings as part of their engagement with Pretrial Services or Tamarack.

Pretrial risk assessments are only completed with participants when requested by a judge. The intention is to determine whether a person presents a risk of nonappearance or reoffense, which can aid the court in making an appropriate order concerning bail and pretrial conditions of release.

The purpose of mental health and substance abuse screenings is to obtain a preliminary indication of whether person has a substantial substance abuse or mental health issue that would warrant the need for a more detailed clinical assessment.

Program Contact:
Kate Goetz, Temporary Pretrial Services Coordinator (Filling in for Sam Worden)
Email: kgoetz@rutlandrestorativejustice.org
Cell: (802) 558-6297
Office: (802) 775-2479, ext. 6

The BARJ program is open to at-risk, truant, and adjudicated youth (including youthful offenders). Services are highly tailored to the specific youth and circumstances of referral. Typical services include:

• Mentoring
• Activities
• Curfew checks
• One-on-one support
• Case management
• Restitution services
• Restorative process facilitation
• Attendance at all relevant meetings (including school meetings and court hearings)

At-Risk:
BARJ accepts at-risk youth referrals from any source, including schools or the Department for Children and Families (DCF). The goal of this program is to reduce the likelihood of youth’s involvement with the juvenile justice system and adult criminal court. BARJ aims to promote prosocial skills and to foster the achievement of positive goals through one-on-one support and care coordination with other community resources.

Truancy:
BARJ works with youth who are considered truant from school for failure to attend 10 or more days in one school year. The goal with truant youth is to identify and overcome barriers to school attendance. BARJ accomplishes this through the promotion of prosocial skills and care coordination with various interested parties, including legal guardians, the Department of Children and Families, and schools.

Adjudicated Youth:
Adjudicated youth, including youthful offenders, can be referred to the BARJ program directly from the court or as a condition of their probation. These youth have been charged with an offense and are asked to complete a restorative process. The restorative process typically includes meeting with the BARJ Coordinator and a panel of trained community volunteers. The goal of this restorative process is to foster accountability and develop a contract to repair the harm caused by the offense and reduce the likelihood of reoffense. Contracts are tailored to the specific individual referred, the requests of victims (if any), and the circumstances of the offense.

BARJ will attempt to contact every victim to appropriately compensate them for their losses or hardships. Victims are free to choose their level of engagement with the program; participation is encouraged, but is not obligatory.

Example contract conditions include:

• Community service
• Participate in an educational program
• Engage in mental health and/or substance abuse counseling
• Complete anger management
• Letter of apology
• Donation to a non-profit agency
• Research paper
• Restitution

To successfully complete the program, the youth must attend all necessary appointments, maintain appropriate contact with Coordinator, and adhere to all terms of their contract. If a youth referred directly from Family Court successfully completes the program, Family Court is notified, and the youth faces no further adjudication. If the youth is referred as a part of probation, the youth’s DCF probation officer is notified.

If the youth referred directly from Family Court does not successfully complete the program, Family Court is notified and further court action may occur. If the youth is referred as a part of probation, the youth’s DCF probation officer is notified and it may be considered a violation of probation.

Program Contact:

Sam McPhail, BARJ Coordinator
Email: smcphail@rutlandrestorativejustice.org
Cell:  8022367988

 or

Mia Baker, Coordinator
Email: mbaker@rutlandrestorativejustice.org
Cell: (802) 282-1161

We offer a social and emotional intelligence course taught directly in schools using an evidence-based curriculum. With this program, we foster youth's social and emotional skills with the intent of allowing them to become productive members of society, including successive careers and reduced adverse involvement with our legal system. We use a variety of interactive exercises and discussions to make the course fun and engaging for all participating youth. We also provide support and education to educators. Due to the COVID-19 pandemic, we are offering this course virtually or in-person to schools based on their needs and preferences.

Please contact us today if you are interested in hosting this program at your school!

Program Contact:

Sam McPhail, BARJ and Restorative School Coordinator
Email: smcphail@rutlandrestorativejustice.org
Cell:  8022367988

We hold 5 affinity spaces on a monthly basis in collaboration with the NAACP of Rutland County (https://naacprutland.org/) , Rutland County Pride (https://www.rcpride.org/events ), and Come Alive outside (https://comealiveoutside.com/ ).

Our spaces include:

• BIPOC Adult Space Ages 18+
• BIPOC Youth Space Ages 12-17
• 2STLGBQIA+ Adult Space Ages 18+
• 2STLGBQIA+ Youth Space Ages 13-17
• Co-Hosted Body Inclusive Spaces

To sign up for our BIPOC Adult Space, please fill out the form provided with the following link:

Adult BIPOC Affinity Space Signup (google.com)

Program Contact:

Akbar Abidi, Justice and Belonging Coordinator

Email: aabidi@rutlandrestorativejustice.org

Cell: (802) 855-4410