People in Omaha charged with misdemeanor offenses will have the option of a new diversion program, Mayor Jean Stothert announced Wednesday.

The Restorative Justice Program – created in partnership between the Omaha City Prosecutor’s Office, Omaha Police Department and the city’s Human Rights and Relations Department – will offer citizens charged with minor offenses the option to take part in a new diversion program.

“The Restorative Justice program offers second chances,” Stothert said. “I am fully supportive of the program and the work of our police, law and human rights and relations departments to develop a unique partnership with the potential for successful outcomes.”

The six-month diversion program has three components: community service; a restorative justice class taught by HRR employees in which OPD officers will participate; and no further criminal arrests for six months.

After successfully completing the program, charges for offenses such as resisting arrest and disorderly conduct will be dismissed. The court record also will be sealed.

Some misdemeanors, such as driving under the influence and assault, are not eligible for the Restorative Justice Program, although offenders may have other diversion options. Stothert was joined Wednesday to announce the program by OPD Chief Todd Schmaderer, Deputy Chief Michele Bang, interim City Attorney Matt Kuhse and Assistant Human Rights and Relations Director Gerald Kuhn. The program will be piloted for six months before a decision is made to make it permanent.

“Restorative justice is a progressive concept that I am in full support of – actually I am quite excited about the prospect of getting this up and running,” Schmaderer said. “I feel, as chief, on a micro basis with individual offenders and on a macro basis, that police–community relations will improve and continue to be strong with the Restorative Justice Program, while still maintaining accountability for those that would do wrong.”

A test program was completed last August with five adults and 11 juveniles who were arrested during last summer’s protests. All 16 individuals, who were charged with offenses such as curfew violation and failure to disperse, successfully completed the program, Bang said.

“It provided an opportunity for the offenders to be heard,” Bang said. “For some of those offenders, they had very, very emotional responses, not only just to the protest, but to their own place in society, their own experiences with discrimination.”

Bang hopes that the program will be beneficial both to offenders and police officers by making members of the public better understand the role of law enforcement while providing insights for officers.

“We hope that this includes future interactions, if they have them, with law enforcement officers,” Bang said. “It’s a good thing for the officers because we get to see these people not in crisis, not at their worst, we get to see them when the crisis is averted, so hopefully for our officers we also may be able to take something from that interaction to improve our own interactions with the community.”

Kuhn said the diversion program will lead to a better understanding between law enforcement and the community.

“It gives us an opportunity to bring the community and police together to have a dialogue,” Kuhn said. “The officers have a crucial role in the restorative justice process in both learning and teaching.”

Law enforcement officers will have the opportunity to educate the program participants about how their interactions led to an arrest.

Participants, in turn, will be given an opportunity to explain the series of events that led to their arrest from their perspective, “which will lead to learning on both parties’ parts,” Kuhn said.

The City Prosecutor’s Office will review cases to determine who is eligible for the Restorative Justice Program. Prosecutors will evaluate each potential participant based on the current charge and previous criminal records.

There are currently 30 to 35 people in the justice system with eligible cases for the diversion program, said Kuhse, who leads the prosecutor’s office.

Omaha already offers a criminal diversion program, as well as traffic diversion through the Nebraska Safety Council and a mental health diversion program. In 2019, 1,184 people successfully completed criminal diversion, representing a 69% completion rate.

“Diversion programs work,” Kuhse said. “Our goal is to hold people accountable for their actions, yet provide the opportunity to correct those actions and learn from it.”