Since March 19, 1996, the Cape Girardeau County Prosecuting Attorney's Office and the Missouri Board of Probation & Parole have used a Diversion Program in certain domestic violence cases fitting applicable guidelines.
The policy gives victims of domestic violence, usually wives, the option of dropping charges against their spouses if the spouse agrees to admit his criminal offense in writing and follow special probation requirements, including taking classes about anger management or related subjects. The advantage of participation in the program is that an abuser undergoes supervised probation aimed at ending the "Cycle of Violence" in his household without ending up with the stigma and financial consequences of having a criminal conviction or guilty plea on his record.
Not everyone qualifies for the program. Guidelines require that the defendant may not have previously been convicted of a felony or misdemeanor. As a condition of participating in the program, a person must agree not to use alcohol for a year. Those interested must express their interest to the prosecutor’s office, which will refer them to the Board of Probation & Parole for screening.
In its first four years of operation, the program had a 95% success rate in curtailing domestic violence. Of the 40 people who completed the one-year program during its first four years, only two were kicked out of the program for assaulting their victims again.
The specific procedures of the program are as follows:
Domestic Violence Diversion Procedures:
1. Defendants accused of assaults in domestic violence situations may have their charges dismissed (or not filed at all) and may instead be put on supervised probation through the Board of Probation and Parole when the victim has agreed that this is the preferred disposition and the defendant has admitted guilt and agreed to comply with the conditions of the Diversion Program.
2. If already filed, the pending domestic violence assault charges against a Defendant in the Diversion Program will be completely dismissed, costs to State. If the Defendant completes the program satisfactorily, he will have no criminal record whatsoever relating to the incident. In situations where the charge had not yet been filed, an appropriate Defendant would go straight into the Diversion Program without ever being charged.
3. Before the Prosecuting Attorney's Office will refer a Defendant to the Probation Office for the Diversion Program, the Prosecuting Attorney's Office must obtain a written statement from the victim that she prefers having the Defendant put into the Diversion Program as opposed to being prosecuted criminally. A standard Victim Statement Form has been prepared.
4. Before the Prosecuting Attorney's Office will refer a Defendant to the Probation Office for the Diversion Program, the Prosecuting Attorney's Office must obtain a written acknowledgment of guilt from the Defendant. A standard Defendant Statement Form has been prepared.
5. Under Probation & Parole guidelines, a person going through the Diversion Program must admit guilt, must sign an order of probation, and must successfully complete the one year's probationary program, including various counseling programs, if applicable.
6. The typical counseling programs might include aggressive offender, positive solutions, breaking barriers, temper-management, and/or alcohol, drug or other programs as needed.
7. At the end of one year, if the Defendant has successfully completed the Diversion Program, he will be released from probation. No criminal charge will ever be filed against him for the offense. He will have an absolutely clean criminal history in connection with the offense.
8. If the Defendant fails to complete the Diversion Program, the criminal charge will be re-filed against him and prosecuted to the fullest extent.
9. If a Defendant refuses to go into the Diversion Program, the Prosecutor's Office will refuse to dismiss any domestic violence case unless we are persuaded that the Defendant was truly innocent. We will not dismiss it just because the victim no longer seeks prosecution. Nor will we refer Defendants for the Diversion Program unless the Defendant's guilt is established by the investigative reports.
10. Unless the Defendant is rejected for probation by the Probation Office, the Diversion Program will be available in Domestic Violence cases even to Defendants with criminal records. Once a Defendant has been through the Domestic Violence Diversion Program once, however, he will be ineligible for it again in the future.