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Albany council asks staff to draft ordinance to codify diversion program, remove age cap for first‑time offenders
Summary
Councilors asked staff to return with an ordinance that would codify the court's existing diversion policy into Albany code and remove an age limit so first‑time moving‑violation offenders can access diversion regardless of age.
The Albany City Council directed staff to draft an ordinance to codify the city’s traffic‑diversion practice and remove an age cap from eligibility rules.
Councilor Van Drummond said his intent was straightforward: "I don't want to change anything about the existing diversion program. I want it codified ... and no age requirement," he said, asking that the program remain available to first‑time offenders regardless of age.
Staff and the city attorney raised procedural points. City staff noted an existing contract clause preserving judicial independence and stressed that judges carry out court responsibilities; councilors acknowledged that but said the legislative body may still write consistent program rules into municipal code. The city prosecutor said diversion currently includes an education component (online traffic‑school options) and that diversion eligibility and completion rules determine whether an offense stays off a driving record.
Councilors emphasized fairness, saying a first‑time offender of any age should have the opportunity for diversion and education rather than automatic punitive treatment. Staff said they would draft ordinance language reflecting the council's guidance and return for further consideration, including assessment of workload and staffing needs for administering expanded diversion eligibility.
Next steps: staff will prepare an ordinance to codify the current diversion program and remove the age cap; the draft will return to council for review.
