Federal Criminal Diversion Act

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 95-753)

Federal Diversion Act - Establishes alternatives to criminal prosecution for certain persons charged with offenses against the United States. States that any person against whom a prosecutable case exists is eligible for entry into a criminal diversion program if (1) the alleged offense did not involve the threat or infliction of serious bodily injury to other persons; (2) it is reasonably forseeable that the person will not commit violent acts in the future if admitted to such program; (3) the person has not exhibited a continuing pattern of criminal behavior; (4) the person meets the criteria and guidelines established by the Attorney General and United States attorney for the district in which the charges are pending; and (5) the United States attorney for the district recommends such person.

Includes in the diversion program such elements as medical, educational, vocational, social, and psychological services along with corrective and preventive guidance, provisions for residence in a suitable place, restitution to the victim of the offenses charged, and uncompensated community service.

Authorizes the administrator of the diversion program to review the allegations against each person charged with a criminal offense against the United States upon arrest or issuance of a summons. Requires the administrator to report on the eligibility of each person charged based on the established criteria. Empowers the United States attorney to determine the suitability of each person charged.

Directs the diversion administrator to draft a diversion plan which would list those elements in which the eligible person will participate and state a time period for completion of the program, not to exceed 12 months. Requires that such written plan be approved and signed by the eligible individual, defense counsel, diversion administrator, and the United States attorney.

Stipulates that, before admittance to a diversion program, the eligible person receive a copy of the plan and waive voluntarily, in the presence of a judge or magistrate, all applicable statutes of limitations and the right to speedy trial.

Prohibits the use of any information given or statements made by or concerning a person admitted to a diversion program upon resumption of prosecution if diversion is terminated, except for purposes of impeachment.

States that during the time an eligible individual is supervised under the diversion plan the charges against such person shall continue. Allows the prosecutor to investigate further the offense charged and to present evidence to a grand jury.

States that if the person fails to fulfill the obligations of the plan, voluntarily withdraws, or if the United States attorney later discovers facts demonstrating the unsuitability of the person for diversion, the United States attorney may resume prosecution. Requires the United States attorney to notify in writing the factual basis for the resumption of prosecution to the person and the defense counsel who may contest such determination.

Authorizes the United States attorney to file, by leave of court, a dismissal with prejudice of the indictment, information, or complaint against the person if the plan is successfully completed.

Enables the court, whenever a plan is terminated or discontinued, to consider the length and nature of the defendant's participation in the plan and credit such participation as time served toward any sentence of probation or incarceration.

Authorizes the planning groups of each United States district court, established by the Speedy Trial Act, together with other appointees of the chief judge, to function as a criminal diversion advisory committee.

Authorizes the Attorney General to employ, compensate and reimburse such agencies, and persons necessary in carrying out the diversion program.

Requires the Attorney General to: (1) issue regulations governing the operation of the program; (2) submit annual reports to the President, Congress, and Judicial Conference; (3) audit expenditures; (4) accept voluntary and uncompensated services; and (5) coordinate the delivery of services from other Federal agencies.

Authorizes to be appropriated the sum of $3,000,000 for fiscal years 1980 through 1983.