Peer Diversion Court

High school students participate in the Nassau County Peer Diversion Court, a program aimed to divert youth charged with misdemeanors and felonies. Operated by the Nassau County Probation Department, students assume traditional courtroom roles under supervision of the program coordinators, the Peer Diversion Court Manager and the Special Counsel for Adolescent and Juvenile Justice.

• Agency: Nassau County Department of Probation
   
• Location: Long Island, N.Y.
   
• Department size: Large (>50 officers)
   
• Practice started: 2011
   
• Active

Traditional justice systems often fail to address the unique needs and circumstances of young people involved in those systems, leading to high rates of recidivism and continued system contact. Youth courts aim to mitigate this issue by providing an alternative approach that emphasizes rehabilitation, accountability, and community support tailored to the young person’s individual circumstances. Formerly known as Youth Court, the Nassau County Peer Diversion Court is a peer-led program that seeks to hold youth accountable for their delinquent and criminal actions, while also providing support and referring them to suitable programming and resources.

Program Description

The Nassau County District Attorney’s office initially established the Nassau County Peer Diversion Court in 2011, but transferred the court to the Probation Department in 2018 following enactment of Raise the Age legislation. The Peer Diversion Court offers an alternative to the traditional juvenile justice system for youth charged with qualifying offenses. By involving the youth’s peers in the adjudication and rehabilitation process, the court seeks to hold youth accountable for their actions, while simultaneously providing supportive services intended to prevent future delinquency.

The program aims to reduce recidivism among individuals who have been charged with non-violent offenses by addressing underlying issues they face and promoting accountability. The court incorporates restorative justice principles to ensure individuals understand the impact of their actions on the community and take responsibility in a constructive manner.

Youth eligible to participate range in age from 12 to 17 and were charged with a qualifying offense. Individuals who are known gang members and those with cases involving violent sex offenses, use of deadly weapons, drug sales, or incidents that resulted in serious physical injury are excluded. The Nassau County Family Court and Probation Department refer eligible cases to the program coordinators at the Nassau County Probation Department for consideration. The program coordinators schedule an intake meeting for suitable cases with the arrested youth, known as the respondent, and their legal guardian. The respondent and their legal guardian(s) must agree to waive the traditional court process and sign a contract consenting to participate. The coordinators review Nassau County Peer Diversion Court expectations to ensure the respondent will take responsibility for their actions and schedules the hearing to be handled by the volunteer peer advocates.

The coordinators oversee the program and peer advocates, ranging in age from 13 to 18, who volunteer. Peer advocates are trained in restorative justice and trial techniques, and serve in various roles in the courtroom, including the community (prosecutor) and defense advocates, bailiffs, and court clerks. The presiding judge is a volunteer college student or a law student. Peer advocates must demonstrate maturity, abide by the program’s rules, and sign an Oath of Confidentiality and a Code of Conduct. Youth who have previously completed the program as respondents may serve as advocates once their case is completed. The Nassau County Peer Diversion Court typically schedules two hearings per week at the Hempstead Village Court. The hearings are designed to support restorative justice, emphasizing not only the respondent’s accountability, but also how they can re-engage in the community and better understand the harm their actions caused.

Typically, the advocates meet with the respondent two days prior to the hearing in order to prepare. The defense and community peer advocates review the police report and meet with the respondent to learn more about them and discuss the case. At the hearing, the defense and community peer advocates question the respondent before a peer jury, which deliberates and determines the sentence. The jury consists of respondents who had their case heard at Peer Diversion Court. The jurors are approximately the same age as the respondent and have been arrested and charged with an offense themselves. Questions at the hearing are focused on accountability and the respondent’s willingness to accept responsibility for their actions. Sanctions always include community service and subsequent participation in the peer jury. It may also include apologies, essays, or participation in supportive services, such as anger management, drug evaluation or sanctions the peer jury feels may help the respondent learn from their mistake. Often, the peer jury offers creative options, including presentations, rap songs, meetings with college coaches, etc. The respondent successfully completes the program once the program coordinators document that all elements of their assigned disposition have been fulfilled. When the respondent has successfully completed their disposition, the case is sealed without any formal court action. The probation officer can refer the case back to Family Court if the respondent fails to complete the program or sanctions.

Nassau County Peer Diversion Court diverts approximately 75-85 cases from the juvenile justice system annually with a 97 percent completion rate. Program staff also consider positive changes in behavior and attitude as measures of success in the program. Peer Diversion Court staff stay in contact with most respondents after completion of the program to provide continued support, and report that respondents graduate from high school, have improved family relationships, and choose more prosocial peer groups. 

The Nassau County Peer Diversion Court offers several benefits to participants. Respondents avoid a juvenile record and the associated stigma of court-involvement and supervisions; take responsibility for their actions; understand the impact of those actions; and learn to make better decisions going forward. Peer advocates learn about civic responsibility, the law and the criminal justice system; develop public speaking skills; and earn community service credit.

The Nassau County Peer Diversion Court provides a cost-effective, timely, and educational alternative to the traditional juvenile justice system by focusing on intervention, prevention, and positive outcomes for both respondents and volunteers.

Funding 

The Department of Probation funds the program. The department is partially reimbursed with state Supervision and Treatment Services for Juveniles Program funds for youth who are 16 and 17 and eligible to participate in the program as a result of the state’s Raise the Age law.

Relevant Partnerships

Collaboration between the Nassau County Department of Probation and the Village of Hempstead, which provides the space to conduct the hearings, contributes to the success of the program. 

Supportive Research

Since their establishment in the early 1980s, youth courts have gained popularity in the United States as an intervention for first-time and low-risk youth facing criminal charges or delinquency proceedings. Presently, there are approximately 1,400 teen courts operating across 49 states and the District of Columbia. The approach to diverting youth from the traditional legal system is primarily grounded in two theories: (1) Labeling theory highlights the stigma and negative consequences associated with labeling youths as delinquent at a young age, while (2) differential association theory suggests that youths can adopt antisocial attitudes and behaviors by associating with peers who exhibit such conduct. Research suggest that positive peer influence can encourage prosocial behavior and increase participant knowledge of the criminal justice system and its fairness. An evaluation comparing the recidivism levels of youth participating in teen courts to those who did not concluded that these courts offer a promising alternative for the juvenile justice system.

Critical Success Factors

• Focus on accountability and promoting prosocial behavior is key to program success.
   
• Ensure staff provide genuine support and guidance to the respondents.
   
• Select suitable peer advocates. Individuals should be motivated by the right reasons (not just for college recommendations or resumes).
   
• Secure essential participation from justice partners to maintain referral sources, emphasizing the program’s benefits to probation, the court, attorneys, and youth and families to build support.
   
• Clearly explain and ensure peer advocates understand the program’s goals, emphasizing education, growth, and support for the respondent. It is crucial that both peer advocates and respondents understand the program is a second chance, not punitive, when considering individualized sanctions. 

Lessons Learned 

• Allow peer advocates the opportunity to provide input on the types of cases they would like to hear. 
   
• Set appropriate eligibility criteria for the program but allow for some flexibility. Cases should be accepted on a case-by-case basis, but eligibility requirements should be reviewed regularly to allow flexibility in accepting a broader range of cases. Adhering to a strict criterion in Nassau County had previously excluded many potentially suitable cases. Peer advocates in Nassau County showed maturity during cases involving vulnerable populations or local issues.

The Nassau County District Attorney’s Office started a version of this court in 2010. The program faced jurisdictional changes in 2018 due to the state’s Raise the Age law. Despite this shift, the District Attorney at the time supported the program’s necessity, and the Department of Probation subsequently adapted the court.

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Published: 03/2025