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Diversion Program

IN THE ATHENS COUNTY MUNICIPAL COURT

ATHENS OHIO

State of Ohio, 

Plaintiff, Case Number 2015CRB 

 

v.

 

Printed Name of Defendant. UAC Diversion Program Contract

 

I, the above Defendant, am a first time offender charged with an alcohol violation.  I ask to enter the Court’s Alcohol Violation Diversion Program. By following this agreement and order, I receive the following benefits:  (a) Upon successful completion of the program, my complaint will be dismissed.  (b) The Court will seal the official record of my case.  (c) I have the opportunity to give something back to the community as well as further my education.  Accordingly, I agree to the following program requirements:

FIRST TIME OFFENDER.  I hereby certify that I have not been previously convicted and/or charged for any alcohol related criminal or traffic offense and that I have not previously participated in any kind of diversion program.  I understand that this is a first degree misdemeanor with maximum penalties of a fine not to exceed $1,000, court costs, six month in jail, and 500 hours community service.  I understand that neither law enforcement nor the court is responsible for my charge.

 

 

EDUCATIONAL PROGRAM:  I will complete one of the following:

The Substance Abuse Assessment for Municipal Court Offenders (SAAMCO) Program, a three hour class sponsored by Health Recovery Services, Inc., 224 Columbus Road, Athens, (740) 592-6720, ext. 4733.

The Court Alcohol Substance Education Program (CASEP), a three hour class sponsored by Flores and Associates, 11 E. Washington Street, Athens, (740) 592-4797 or (887) 808-5997.

A comparable education program if, and only if, pre-approved by the Diversion Officer.  Those programs can be found at  HYPERLINK "http://www.ci.athens.oh.us/DocumentCenter/View/60" http://www.ci.athens.oh.us/DocumentCenter/View/60.  (The local municipal or county court can help you find such a program in your hometown.)

I will be responsible for contacting one of the agencies listed above and making arrangements to enter their program; paying all costs associated with the program (which I understand is in addition to the diversion fee); and providing proof of successful completion to the Athens County Municipal Court.

*If the agency is on the list of approved agencies, please do not contact the court to ask if it’s okay to participate in that program.  Obviously, it is.

*Find and contact an agency IMMEDIATELY to schedule a class.  You do not have to take the class right away, but arranging for it right away gives you better choices of where, when, and how much.  Probably the biggest number of diversion program failures are due to putting off the class until the last minute and then being unable to arrange for one within the time left.

*Even though the agency you choose may tell you that they’ll contact the court with proof of completion of the class, it is in your best interest to get that proof to the court yourself.  Do not send receipts, copies of receipts, or proof that you’ve arranged for the class.  The only thing the court is interested in receiving is proof of completion of the class.

*You need to take a class.  You do not need an assessment or treatment for this program.  Please find a three to five hour class; you need education, not treatment.

*Do not take an online class, even if one of the agencies on our website offers it.  We will not accept it.

 

 

DIVERSION PROGRAM FEE:  I will pay the $195 non-refundable program fee and court costs of $154 within ninety days of the date of this contract.  The total amount of $349 can be paid by money order, personal check from an established account, credit card issued in my name, or bank check.

*We do not take online payments or payments over the phone.  Do not send a starter check from a new account.

*The court’s docket will show a balance even after you’ve paid the fee and costs in full.  Disregard this amount.  If you’ve paid and were given a receipt, and the docket shows a payment and a receipt number, then be assured that’s how much money we have against your case.  Do not contact the court and ask why the online docket reflects two amounts.

*The fee and costs may be paid in more than one installment, though we like to see a maximum of only two payments and prefer that it be paid in one.  We do not take online payments or payments over the phone.

*The alcohol class has nothing to do with the court and so, regardless of what you paid for that, the fee and costs you owe the court will be $349.

 

COMMUNITY SERVICE WORK:  I will complete eight hours of supervised community service for an agency approved by the Court.  I understand I am responsible for contacting one of the approved agencies for that community service and providing proof of completion of those hours to the Court.  These hours do not include any I may have done previously, or that I am doing or have done for another agency or requirement.

*You were given a timesheet and a list of approved agencies.  Do not deviate from that list. 

*When you have your timesheet filled out, make sure that we have all the information we need.  This includes clearly written and printed contact information for that agency, including date, hours, name of supervisor and phone number.  

*If you have lost your timesheet, you must have the supervisor of your hours write a short letter or note on letterhead with clearly written and printed contact information for that agency, including date, hours, name of supervisor and phone number.  

 

READING ASSIGNMENT:  I will read and answer six of the sixteen questions contained in this packet on the content of Koren Zailckas’ book Smashed: Story of a Drunken Girlhood.  This book can be bought locally or online.  The questions may be answered any time within the diversion period and turned in with the other paperwork. 

*You can write these, type them, print them, it really doesn’t matter as long as they are legible and include your name or case number.  

*The reading assignment can be mailed, emailed, faxed, or delivered by hand to the court.  

 

 

PERIOD OF GOOD BEHAVIOR:  I agree to be a law-abiding citizen, and to not use or possess alcoholic beverages, for ninety days from the signing of this contract.  I understand that if I am charged with any criminal (not traffic) offense and/or alcohol related traffic offense while participating in the program or if I possess or consume alcohol, I will be removed from the diversion program and prosecuted as prescribed by law for both the present and new charge.

I agree to satisfactorily complete all five components of the Diversion Program as outlined.

*Do not call the court to see what we’ve received.  Go to the city’s website listed on the bottom pages of this document and do a docket search yourself.  We will not do docket searches for you.

*If you see the things you’ve turned in on the docket, then be assured we’ve received those things.  Do not call to ask questions about what date we received them, or what date they were entered into the computer.  Your only worry is that these are reflected on the docket:  8 hrs asp; alcohol class; reading assignment; and an entry reflecting a payment of $349 and a receipt number (or two payments and two receipt numbers, if applicable.) There is a 24 hour lag between entry and reflection of that entry on the website.

*Do not have your parents call the court with questions.  It is your responsibility to see this through.

*Do not mail this package back to the court.  We need only the proof of completion.

*Proof of completion of the program’s requirements [reading assignment, community service (asp) work, alcohol class] may be mailed, emailed, faxed, or turned in at the clerk’s window of Municipal Court.  The fee and costs must be mailed or paid in person.  We do not take payments by phone or online.

If I satisfactorily complete the diversion program, the Court shall, upon payment of the costs, dismiss the complaint and order the record in the case sealed under Section 2953.52 of the ORC.

My failure to complete all five components of the program by , 2015 will result in my removal from the program.  There will be no extensions.  The case may then be brought to trial upon the charges in the manner provided by law.

 

Dated:

Defendant

Dated:  Mary Norwood

 



Fees & Costs
The Diversion Program fee is $195; court costs, which includes the sealing / expungement fee, are $124. That $349 must be paid by the 90th day of the program. 
  
Alcohol Education
There are two alcohol classes in Athens that were designed for this program. They are Flores and Associates, 11 East Washington Street, 2nd floor (CASEP Program), and Health Recovery Services (SAAMCO Program). We have a list of agencies statewide that have been approved for use with our Diversion Program. Generally, a class offered by a university or college is accepted; however, we do not use the Prime for Life or Basics Program offered at Ohio University. If unsure about the acceptability of any program, an email to the diversion officer will answer your question.

These programs are kept small and fill up fast. The earlier you find and contact an agency, the better choice you'll have of dates. By far, the biggest reason for failure of this program is not arranging for the class early enough. Call now and reserve a place in a class.

Reading Assignment
The required reading, Koren Zailckas' "Smashed: Story of a Drunken Girlhood", can be bought in any bookstore, retail outlet, or online. There are eighteen questions about the book on this site; please choose six and answer them. The questions and answers can be handwritten, typed, mailed, emailed, faxed, or handed in at the window or on your workday.

Ninety Day Period of Good Behavior
The program is ninety days long. All elements of the program must be completed by the 90th day. All elements. There are no extensions to the program. A receipt for a class is not proof of completion of the class. Failure to finish or a second offense during this ninety day period will remove you from this program and put you back at square one, facing a first degree misdemeanor charge.

If all elements of the program have been completed by the final day and proof has been provided to the court, you do not have to appear in court on that date.

Point of Contact
The Diversion Officer is Kate Enger. She is easily available at (740) 566-4211 or

Contact Us
Kate Enger
Diversion Officer
(740) 566-4211
kenger@ci.athens.oh.us