Tennessee § 37-1-110 - Informal adjustment without adjudication — Pretrial diversion — No admission required.

§ 37-1-110. Informal adjustment without adjudication — Pretrial diversion — No admission required.

Before or after a petition is filed, a designated court officer may informally resolve a complaint containing delinquent or unruly allegations without adjudication by giving counsel and advice to the child if such informal resolution would be in the best interest of the public and the child, and the child and the child's parents, guardian, or other custodian consent to the informal adjustment with knowledge that consent is not obligatory. The informal adjustment shall not extend beyond three (3) months from the day commenced, unless extended by the court for an additional period not to exceed a total of six (6) months, and does not authorize the attachment or detention of the child if not otherwise permitted by this part. If the child and the victim agree to restitution, restitution may be paid independently of informal adjustment; however, financial obligations shall not be assessed or collected against a child as part of an informal adjustment pursuant to this section. After a petition has been filed and a designated court officer determines that an unruly or delinquent case is an appropriate case for diversion from adjudication, the parties may agree to pretrial diversion that suspends the proceedings and places the child under supervision on terms and conditions agreeable to the designated court officer and approved by the court. A child may not be placed on pretrial diversion if the delinquent act alleged is an offense described in § 37-1-153(b). A pretrial diversion agreement shall remain in force for a maximum of six (6) months unless the child is discharged sooner by the court. Upon application of any party to the proceedings, made before expiration of the six-month period and after notice and a hearing, pretrial diversion may be extended by the court for an additional six (6) months. If, prior to discharge by the court or expiration of the pretrial diversion period, the child fails to fulfill the terms and conditions of the pretrial diversion agreement, the original petition may be reinstated and the case may proceed to adjudication just as if the agreement had never been entered. Attachment and detention of a child are not authorized for the violation of a pretrial diversion agreement unless otherwise permitted by this part. The petition shall be dismissed with prejudice once a child completes an informal adjustment pursuant to subsection (a) or pretrial diversion pursuant to subsection (b) without reinstatement of the original delinquent or unruly petition. No admission shall be required as part of informal adjustment or pretrial diversion, and any statements made by the child during the preliminary inquiry, informal adjustment pursuant to subsection (a), or pretrial diversion pursuant to subsection (b) are not admissible prior to a dispositional hearing. Acts 1970, ch. 600, § 10; 1981, ch. 113, § 1; T.C.A., § 37-210; Acts 2016, ch. 600, § 2; 2018, ch. 1052, §§ 10, 11; 2019, ch. 312, §§ 2, 3. Compiler's Notes. Acts 2018, ch. 1052, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Juvenile Justice Reform Act of 2018.” Acts 2018, ch. 1052, § 55 provided that it is the intent of the general assembly that improvements to the juvenile justice system and expansion of community-based resources for justice-involved children be prioritized, including, but not limited to, evidence-based programs, informal adjustment, diversion, home placement supervision, statewide data collection, early intervention programs and services for children and families, and mental health services, especially in any county underserved with such programs and services. Amendments. The 2016 amendment rewrote this section which read: “(a) Before or after a petition is filed, the probation officer or other officer of the court designated by it, subject to its direction, may give counsel and advice to the parties with a view to an informal adjustment if it appears:“(1) The admitted facts bring the case within the jurisdiction of the court;“(2) Counsel and advice without an adjudication would be in the best interest of the public and the child; and“(3) The child and the child's parents, guardian or other custodian consent thereto with knowledge that consent is not obligatory.“(b) The giving of counsel and advice cannot extend beyond three (3) months from the day commenced unless extended by the court and does not authorize the detention of the child if not otherwise permitted by this part.” The 2018 amendment added (a)(2); in present (a)(1), rewrote the last sentence which read: “The informal adjustment shall not extend beyond three (3) months from the day commenced unless extended by the court and does not authorize the detention of the child if not otherwise permitted by this part.”; and added (d). The 2019 amendment, in (a)(1), inserted “attachment or” following “authorize the”; and added (b)(4). Effective Dates. Acts 2016, ch. 600, § 17. July 1, 2016. Acts 2018, ch. 1052, § 58. July 1, 2018; provided that for purposes of rulemaking, the act took effect on May 21, 2018. Acts 2019, ch. 312, § 11. May 8, 2019. Rule Reference. This section is referred to in the text of Rules 13 and 14 and in the Advisory Commission Comments of Rule 14 of the Tennessee Rules of Juvenile Procedure. Law Reviews. Guidelines for Juvenile Court Practice (Andrew J. Shookhoff), 19 No. 2 Tenn. B.J. 5 (1983).