First Time Felony Diversion Program Act

Introduction

This legislation establishes a judicially supervised pathway for first-time felony offenders to participate in a Diversion Program, offering an opportunity for rehabilitation and charge removal under court supervision. The purpose of this Act is to support reform and reduce recidivism by allowing first-time offenders a structured second chance, granted solely under the discretion of the Judiciary.

Constitutional Justification

The Constitution enshrines the Right to Due Process and the Right to a Fair Trial, ensuring all citizens are given equitable treatment under the law. This Act is enacted under the legislative authority of the San Andreas Department of Justice, providing a lawful mechanism for judicial discretion in post-conviction rehabilitation.

Article I - Eligibility and Application

1. Upon receiving their first Felony charge, an individual may seek entry into the First Time Felony Diversion (FTFD) Program through the following process:
   • The Defendant must request a Bench Trial.
   • If no Bench Trial is available, the matter may instead be submitted via a Criminal Appeal on the Docket within the Statute of Limitations.
2. At the conclusion of the trial, the Defendant may formally request entry into the Diversion Program.
   • The presiding Judge or Justice will determine eligibility based on:
   • Judicial discretion; and
   • Confirmation that the Defendant is a first-time felon.

Article II - Program Conditions

1. If accepted, the presiding Judge or Justice will issue a set of conditions that the Defendant must meet and maintain.
2. These conditions shall remain active for a period not exceeding 30 days.
3. Upon successful completion of all conditions, the Defendant may approach any sitting Judge or Justice to have the relevant charges sealed or removed from their record.
4. Monetary fines associated with the original conviction shall not be refunded.

Article III - Cooperative Admission

1. If both the Defendant and the Prosecution agree that the Diversion Program is an appropriate resolution, they may jointly petition a Judge or Justice to review the case without requiring a full Bench Trial.
2. The petition must:
   • Indicate mutual consent for the Diversion Program; and
   • Provide a brief justification for its use.
   • The Judge or Justice may, at their discretion, approve the request and impose suitable conditions consistent with this Act.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson