State law creates precharge diversion program; local sites warn loss of DOC funding threatens services

Ben Novogrovsky, Council Legislative Counsel, gave a brief overview of Act 180 of 2024 and the statute sections that implement a statewide precharge diversion program.

The act, Novogrovsky said, “codifies precharge diversion for both juveniles and adults” and locates most of the new provisions in Title 3, sections 163 and 164 of state law. He described precharge diversion as "a referral of an individual to a community based restorative justice provider by a law enforcement officer or prosecutor after the referring officer or prosecutor has determined that probable cause exists ... and before the individual is criminally charged." Novogrovsky emphasized that the new law does not create a long-term revenue source but requires data collection and establishes administrative duties for the Attorney General’s Office.

Judge Roy Thiboe, a superior court judge assigned to the Orleans County Criminal Division, told the committee the program could reduce workload in crowded court calendars. He said removing eligible low‑risk matters from the filing process reduces centralized intake, docket creation and other administrative tasks, freeing judges and staff to focus on cases that must be litigated.

Orleans County State's Attorney Farzana Leyva said she has drafted a…