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Council briefed on state‑mandated juvenile diversion program; $50 fee, funding and staffing questions raised

Windcrest City Council · October 21, 2024
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Summary

State law requires municipal courts to offer a juvenile diversion option. Windcrest staff told council the program is voluntary for juveniles, carries a legislated $50 fee per offense to fund a juvenile case manager, and will require the city to create a restricted account; councilors raised concerns the fee will not cover operating costs and discussed shared‑services contracting options.

City staff and the city attorney briefed Windcrest City Council on a state mandate requiring municipal courts to offer juvenile pretrial diversion. The diversion option is voluntary for eligible juveniles; if a juvenile elects diversion the legislature authorizes an additional $50 fee per offense to fund program administration.

Staff said the city must create a restricted account to collect the fees and that the municipal court will administer the program. Councilors raised fiscal concerns: the $50 fee will not cover the full cost of a juvenile case manager, and staff suggested contracting or sharing a case manager across municipalities as a cost‑mitigation strategy. The judge must make formal admonishments and accept juveniles into the program with parents present, staff said.

Implementation steps noted

- Finance will present a resolution at a future meeting to create the restricted juvenile‑diversion account to receive the $50 fees. - Staff will research contracting models (shared services, county programs or third‑party providers) and return recommendations for staffing and estimated costs.

Council discussion highlighted the mandatory nature of establishing the program (the city must offer it) and the likely need for supplemental funding or shared contracting to deliver services without significant net cost to the city.