NEWPORT — When youth get in trouble with the law, in most of New Hampshire they have the option of going through a diversion court. That means instead of going to jail for theft, for instance, if the victim of the crime would accept restitution, the youth could work with the diversion program to accept responsibility for their crime and pay it back. Diversion courts work on a model of restorative justice: How can the victim’s wellbeing be restored? They also operate with the belief that youth, especially, can be reformed if they understand how their behavior affects other people, and can grow into better people, instead of being hardened in the criminal justice system.
NH state law gives all juveniles the right to be considered for diversion, but in practice it depends on which county they live in.
“It was grossly unfair,” said Ellen Wicklum, Executive Director of Valley Court Diversion Programs. Up until very recently, youth in Sullivan County were not able to access diversion programs, unless they lived in Grafton, which has had diversion since 2007.
There still is no diversion program in Coös County.
VCDP has been providing services to Newport, Claremont and Charlestown since February, and recently announced the opening of an office in Newport in the Towle Building. Zack Brock is the full-time case manager for Sullivan county.
“We cobble things together from all over the place,” Wicklum said, describing the funding model for VCDP. “There is a fee for our services, but we use a sliding scale; we never fail anybody because they can’t afford our fee.”
The program is also hoping to get some funding from the state. “Rumor has it there’s diversion money in the state budget, which is huge news,” said Wicklum.
VCDP is based in White River Junction. Vermont has had diversion programs for many years. “The state of Vermont really provides a lot of funding, and is a model for the rest of the country,” said Wicklum. “Criminal justice reform has been part of the national conversation and we’re hoping New Hampshire can catch up.”
What happens when a case goes to diversion is that the VCDP contacts the victim of the crime to see if they’re willing to work with diversion. Some don’t. Others are willing to work with diversion court’s volunteer panels, who will ask them about the impact of the crime and what would, in court language, “make them whole.” The diversion court workers contact the offender and lay out the terms, which include taking responsibility for their actions and making some kind of restitution. Diversion can also include drug or alcohol counseling.
In Windsor county (Vermont) 50 percent of all cases go to diversion first. Crimes appropriate for diversion may be theft, fraud, simple assault, and other misdemeanors. Wicklum said the program has an 80 percent success rate. “The defendant successfully completes a few steps. We let the state’s attorney know that the court is completed.”
VCDP offers a substance education program run by a licensed drug and alcohol counselor, and will soon offer a vaping education program.
Wicklum said there’s no lower age limit for youth. “Our youngest client has been 10 years old.”
In New Hampshire, youth up to the age of 18 qualify for diversion court programs, while in Vermont the age is up to 21. Youth can come into the program through referrals by the courts, schools, police, and the process of diversion can take 3-6 months.
Now that there’s an office in Newport, Wicklum is looking forward to serve any youth in Sullivan County that needs it. “We’ve been in Grafton since 2007, so we were already working with Sullivan county youth if they lived in Grafton,” she said. “We’re really proud of the work we’ve done and it’s about time we could offer it to all of Sullivan County.”