Actually, to what extent is this true in Virginia? I've looked around but haven't been able to find any solid information on the limits of what can be done with a deferred deposition in Virginia.
Certainly a diversion program isn't a blank check for indefinite government monitoring (even if nominally consensual)?
I was describing diversion/deferral programs in general. I don't know if, or if so, to what extent, the limits of a voluntary agreement have been litigated.
Standard 2.2(1[) of the ABA's statement on diversion programs states that a diversion program should ensure that "its duration is reasonable in light of its objectives, the severity of the alleged underlying conduct, and the participant’s needs."
In general, it's not been found that permanent restrictions/impacts of a
conviction are unconstitutional (sex offender registration, loss of voting rights for felons, permanent record of conviction) are unconstitutional, though individual states have rolled back some (voting rights in particular can be, and in some cases may automatically be, reinstated). But diversion/deferral situations are obviously not post-conviction, so that's a different scenario.
But I think I misspoke (bigly) before: once the program is fully completed, there should be no more conditions, as the person is not convicted of/prosecutable for anything related to the previous charges. So if that is what happened here (program completion) and there are no more potential charges, there shouldn't be restrictions. You might have to do x or y for a period of time, but typically there aren't grab-backs once you meet the requirements.
However, in Chris's case, it
could be that making certain living arrangements available to him post-program is incidental to the whole situation - meaning, staying in a supervised situation indefinitely wouldn't be a requirement, but "while we're at it, this person needs help/isn't capable of living independently, so let's also find a place for him that could be permanent after any deferral-related requirements, if he chooses." That's what I meant by the longterm outcome here possibly being a more holistic solution for "what to do about Chris."
The fact that the tard is getting away with a crime that would put any of us away for the rest of our lives, as it should. Doing two years in jail where he should be in maximum security, where some of the other inmates would have long ago shanked his ass. In Chris's case, that might be a win.
Incest with a parent would not put anyone "away for life," nor in a
maximum security facility. Incest with a parent is a
Class 5 felony in Virginia. Class 5s are considered "wobblers" -
can be prosecuted as either a felony or misdemeanor. A Class 5 felony conviction can result in
incarceration of 1-10 years (if convicted of it as a felony), or up to 12 months plus a $2500 fine (if convicted of it as a misdemeanor). Chris spent at least 12 months in jail and another period of time supervised. What he has spent within the system is above the minimum for either a felony or misdemeanor conviction for a Class 5.
