43-260.04 Juvenile pretrial diversion program; requirements. - Nebraska Statutes

43-260.04. Juvenile pretrial diversion program; requirements.A juvenile pretrial diversion program shall:(1) Be an option available for the county attorney or city attorney based upon his or her determination under this subdivision. The county attorney or city attorney may use the following information:(a) The juvenile's age;(b) The nature of the offense and role of the juvenile in the offense;(c) The number and nature of previous offenses involving the juvenile;(d) The dangerousness or threat posed by the juvenile to persons or property; or(e) The recommendations of the referring agency, victim, and advocates for the juvenile;(2) Permit participation by a juvenile only on a voluntary basis and shall include a juvenile diversion agreement described in section 43-260.06;(3) Allow the juvenile to consult with counsel prior to a decision to participate in the program;(4) Be offered to the juvenile prior to an adjudication but after the arrest of the juvenile or issuance of a citation to the juvenile if after the arrest or citation a decision has been made by the county attorney or city attorney that the offense will support the filing of a juvenile petition or criminal charges;(5) Result in dismissal of the juvenile petition or criminal charges if the juvenile successfully completes the program;(6) Be designed and operated to further the goals stated in section 43-260.03 and comply with sections 43-260.04 to 43-260.07; and(7) Require information received by the program regarding the juvenile to remain confidential unless a release of information is signed upon admission to the program or is otherwise authorized by law. SourceLaws 2003, LB 43, § 3.