- Upon successful completion of the program, charges are dismissed, and there is no criminal conviction.

- The case will not go to trial, and the offender will not serve a jail sentence. 

- Participants receive skills, information, and assistance to reduce the risk of future incidents.

- Participants are accountable for their actions and agree to take steps to repair any harm caused by their actions.

The Deputy District Attorney to whom a case is assigned throughout the Fifth Judicial District, determines if an offender is eligible for consideration for the program. If so, the DDA will refer the case to the Diversion Coordinator and indicate the possible charge(s) if no complaint has been filed. A case need not be filed in Court to be eligible for diversion consideration.

The Diversion Coordinator then determines whether the offender meets the eligibility criteria for participation. If eligible, a letter or email is sent to the offender or their attorney informing him or her that they have been referred to the diversion program. To continue enrollment in Adult Diversion, the offender must contact the Diversion Coordinator by a date set forth in the letter or email to schedule an intake interview. Any offender, or their attorney, who does not contact the Diversion Coordinator or chooses not to participate in the program, will be disqualified and their case will continue to be handled through the traditional criminal justice process. A refusal letter is then sent to the offender or their attorney and the case is returned to the assigned Deputy District Attorney for prosecution.

No, you cannot just apply. The diversion team will evaluate those eligible cases and will contact you if you fall within the eligibility requirements. Our team will consider whether you demonstrate a genuine willingness to take responsibility for your actions.

• Offenders must be age 18 and older at the time of the offense.

• A case must be able to be filed in District Court (i.e., felonies, adult charges) but need not actually be filed.

• The following types of felony offenses and offenders are excluded from participation. All others are eligible for participation:

– Crime of Violence, except that second-degree assaults may qualify

– 1st-degree drug felonies

– Drug distribution or transfer offenses resulting in death

– Felony DUIs (with exception that, if there is also a misdemeanor charge, an offender could plead to the misdemeanor and be eligible for diversion on remaining felony)

– Habitual offenders as described in § 18-1.3-801

– Possession of a weapon by a previous offender

– Parolees

– Offenders on probation for another felony at the time of referral

– Offenders with a prior conviction listed above

If the offender is determined to be eligible for the program, a Diversion Agreement is signed, requiring the offender to comply with provisions intended to address issues which contributed to the offense, as well as to refrain from engaging in additional violations of the law. For example, the agreement may include terms such as:

• Substance abuse education and counseling for cases related to substance use and abuse;

• Mental health treatment;

• Community service; and

• Letters of apology or conferences to a victim.

All offenders are required to check-in in person, by telephone or via email, on a weekly basis, as well as to attend meetings with the Diversion Coordinator.

Participants will be required to pay a $50.00 monthly fee, as well as restitution and costs of prosecution as part of the contract, unless the Diversion Coordinator determines that a waiver or reduction of the fees is appropriate

SUCCESSFUL COMPLETION

Successful completion of diversion means that all fees and restitution are paid and all conditions of the Diversion Agreement have been met. If the contract is successfully completed (as determined by the Diversion Coordinator in accord with the terms of the contract), the contract is successfully terminated and all pending or prospective charges related to the underlying violation of law, will be dismissed. If the contract is not successfully completed or is terminated, the Diversion Coordinator will notify the Deputy District Attorney so that charges may be filed or criminal proceedings recommenced.

Upon successful completion, the Prosecutor will notify the court and request that all charges be dismissed.

Participants who fail to meet all of the requirements of the Diversion Agreement will return to court and will be subject to prosecution.

If you have questions or desire additional information about Adult Diversion you may send an e-mail to: adultdiversion@da5.us