ALTERNATIVE TO JAIL AIM OF PROGRAM

Colleges Seek Diversions For First-Time Offenders

Kevin Bell's first year at Florida State University could be described
as the typical student experience. He made a C for the first time in
his life, he put on a few extra pounds, he partied five times a week -
and he was arrested.

In 1998, Bell was at a party where alcohol was plentiful. When the
police arrived, the 18-year-old Bell was caught holding a beer and
received a notice to appear in court.

"I was surprised when I saw (the officer)," Bell said, "and even more
surprised when I was handcuffed."

His arrest is part of a pattern that's all too common in this town of
more than 60,000 college students. The courts and schools, however,
realize that the majority of students who are arrested aren't career
criminals. So instead of jail time or expulsion, they use alternatives
to lessen the blow of a one-time mistake.

In 1997, the state attorney's office created a program to help college
students avoid jail time. For certain misdemeanor crimes, first-time
offenders were offered an opportunity at diversion.

"This program is for people who are unlikely to be repeat offenders,"
said Amy Lee, the program's coordinator. "Most of the people who are
sent to the program are college students who are very cooperative and
thankful."

About 2,000 people go through diversion each year. And of that number,
Lee estimates, less than 10 percent commit another crime.

Sixty to 70 percent of the defendants in the program are there because
of underage drinking.

As a condition of the deferred prosecution, defendants are required to
pay a $200 fine, complete one day at a county work program within 90
days and watch a video that explains the diversion process and reminds
them that their crime could have sent them to jail.

Although the arrest remains a blemish on an otherwise clean record,
the case is filed as a no-information charge. That means if the
defendant is asked on a job application about any previous
convictions, he or she can truthfully can answer "No."

"If diversion is successfully completed, the charges will be
dismissed," Lee said. "If the student wants to take the charge off of
their record, they can have it expunged."

In the state of Florida, one dismissal can be taken off a criminal
record by having it expunged for an extra fee.

Bell, an education graduate, was happy that his record remained clean,
but he thinks the courts need to reassess the fines.

"The program is the (court's) idea of a slap on the wrist, but it's
more like a dent in your pocket," he said.

Bell now says the beer he was holding was the most expensive drink he
ever had in his life.

"I understand that I did something wrong, but the fines were a little
crazy," he said. "I was just a college student."

Both universities and Tallahassee Community College also are doing
their parts to ensure that students learn the consequences of their
behavior.

The FSU Office of Student Rights and Responsibilities handles any
violation of the student code of conduct, which includes off-campus
arrests. Whenever a student is arrested, the office reviews the arrest
report for code violations. At both Florida A&M University and TCC,
similar programs are in place.

Any students found in violation of the code of conduct must attend an
information session. At that session, according to FSU Assistant Dean
Cheryl Brown, director of Student Rights and Responsibilities, they're
informed of their rights and allowed to look at the evidence against
them, typically in the form of a police report. Most code violations
mirror the No. 1 reason for diversion: underage drinking.

In most cases students are ordered to attend a Smart Choices class in
which they learn about the consequences of alcohol abuse. The first
time students violate the campus policy on alcohol or other drugs,
they must write an essay describing the events. On the second offense,
parents are notified and receive a copy of the essay.

The sanctions at all three schools vary from a warning to expulsion,
depending on the offense.

Brown says the university expels students only in the most extreme
cases and only if there are no other alternatives.

"Separation from the university is the very last resort," she said.
"(Expulsion) is very, very rare and is only used if a student's
continued education could put the health, safety or welfare of the
university community in danger."