AR HB1891

Establishes a diversion program allowing prosecutors or juvenile court probation officers to refer certain juvenile offenders to diversion units instead of formal prosecution, provided there is probable cause and the case falls within juvenile court jurisdiction.

Permits diversion only for first-time offenses that are misdemeanors, gross misdemeanors, violations, or specific crimes (prostitution and voyeurism with restrictions), while mandatory filing is required for sex offenses and violent offenses other than assault in the second degree or robbery.

Diversion agreements may include community restitution (up to 150 hours), victim restitution, counseling (up to 10-30 hours depending on assessment), positive youth development, educational sessions, curfews, and geographic restrictions, with agreements limited to 6 months but extendable for restitution purposes.

Guarantees juveniles due process rights including written agreements in understandable language, right to counsel, hearing before termination, opportunity to confront witnesses, and notice of violations, with diversion agreement information constituting part of criminal history.

If a juvenile violates diversion terms or the diversion unit refuses entry, the case reverts to the prosecutor for potential formal charging; if restitution remains unpaid after extended time, the juvenile court may enter a civil judgment for up to 10 years.