By By JOHN EBY / Dowagiac Daily News
CASSOPOLIS - Ten types of cases count as appropriate for a diversion program developed by the Building Restorative Communities (BRC) Graduated Sanctions Committee.
Littering, malicious destruction of property, retail fraud, curfew violations, disturbing the peace, fireworks, joyriding, mutual fights, truancy and smoking are the types of offenses deemed suitable for diversion.
Judge Susan Dobrich estimated Tuesday that those 10 categories represent "30 percent, maybe" of all petitions filed with her court.
Retail fraud is prevalent and "we have a lot of joyriding cases," she said.
More serious crimes warranting juvenile detention and placement include, but are not limited to, violent assault excluding criminal sexual conduct (CSC), armed robbery, assault with intent to commit murder or great bodily harm, domestic assault with injury, home invasion, dealer-level drug offenses, arson, carjacking, bomb threats, CSC - emergency forcible rape and probation violation.
Dobrich told the BRC steering committee meeting Tuesday afternoon in the Kincheloe room of the 1899 courthouse that diversion reports will be directly submitted to Probate/Family Court, with a copy of the report to Cass County Prosecutor Victor Fitz.
If the Prosecutor's Office objects to diverting a particular case from the traditional juvenile justice system, it must notify the court.
Otherwise, a group consisting of Court Administrator/Referee Liz Rapalee and the four probation officers will review reports on a weekly basis.
Dobrich said the less lag time the better, or youthful offenders forget what they did to land in the system.
The committee will determine which cases are appropriate for diversion and determine appropriate sanctions.
A weekly report will be drafted for law enforcement and Fitz's office.
Probate/Family Court will track diverted cases.
If the panel determines a case not to be appropriate for diversion, and that it requires a formal calendar, it will contact the referral agency, such as the Dowagiac Police Department, and the Prosecutor's Office.
Initial detention will be determined by the probation officer on duty.
A weekly calendar is submitted to dispatch. Dispatch contacts the probation officer if it is after hours. During working hours, the referee or, in her absence, the judge, will be contacted.
Minor in possession may, because of the seriousness of the issue, also be appropriate for diversion.
Prior to determining whether the minor in possession will be diverted, however, an evaluation either by Cass County Drug and Alcohol or the county Health Department will occur.
Purpose of this evaluation is to make sure whether it is an "experimental-type situation" versus a chronic substance abuse problem.
If the evaluation finds diversion appropriate, the matter may be diverted. If not, the matter goes on the formal court docket.