What is a non-judicial agreement?
The Non-judicial adjustment process (NJA) was implemented in 2017.
The purpose of a non-judicial agreement (or “Juvenile Diversion”) is to allow a path for juveniles WHO HAVE COMMTTED CRIMES to make amends without engaging in the lengthier process of direct involvement in the juvenile courts system. In a sense, it encourages juvenile offenders to “settle out of court”.
From Utah’s website: NJAs are agreements between a youth, their parent or guardian and a Probation Officer that present youths with an opportunity to avoid a charge in court
There are several goals behind this (stated and implicit)
- Explicit goal: Avoid pathologizing the juvenile while in the juvenile court / detention system (the system itself diverts the child toward criminality)
- Implicit goal: To reduce financial and time burden on both the juvenile and his or her guardians
- Implicit goal: To reduce the workload on the juvenile court system
If your child is innocent:
Is a non-judicial agreement a good fit if your child maintains innocence of committing a sex crime?
I suggest the answer is “No.”
First, as I describe in other posts, the NOJOS so-called therapy is bound by no rules, no end date, and makes no sense.
Second, if a child is found guilty of a sex crime in the juvenile courts, the punishment is going to be participation in the NOJOS therapy sessions! Which is to say, that your kid is going to do the punishment before being judged guilty of a crime!
It’s as if, after being charged of money laundering by a prosecutor, you agreed to do voluntarily go to prison for several years, instead of being tried in court! I don’t know of anyone who would do this, especially if they’re innocent.
If your child admits guilt
The case is less clear if your child has admitted guilt. It may be that a NJA is the best option. But even in this case, see the other posts on the NOJOS program for navigating that maze.
Links
NOJOS Help 