Federal Diversion Act of 1979

(Measure passed Senate, amended)

Federal Diversion Act of 1979 - Authorizes the preparation of a diversion program not to exceed 12 months for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventative guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior.

Sets forth the admissions procedure to such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial.

Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination.

States that the district planning group established by current law, with other individuals as the chief judge may appoint, shall constitute a diversion advisory committee to plan the implementation of, and review, the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program.

Authorizes appropriations in the amount of $3,000,000 for fiscal years 1981 through 1984 to carry out the provisions of this Act.