Adult Diversion Eligibility Requirements

Adult Program Description:

The 22nd Judicial District’s Diversion Program is an alternative to the traditional court process for eligible juvenile and adult offenders. The 22nd provides separate adult and juvenile diversion programs, each with its own eligibility requirements. The Program’s primary goal is to prevent further contact with the police and criminal justice system by providing a variety of services to meet individual, family, and community needs. These individuals are referred to as clients and participate in the Diversion Program. Clients are assigned to programs based on their specific needs. The length of time on Diversion varies depending upon the individual needs of the client; however, a Diversion may not suspend prosecution of an offense for a period exceeding 2 years.

Adult Diversion Eligibility:

In general, the following classes of offense may be eligible for Diversion:

• Felony Class 4, 5, or 6 Property Offenses;
• Misdemeanor Class 1 or 2 Offenses;
• Petty Offenses; and/or
• Traffic Offenses and Infractions.

Individuals who commit an above-listed offense and meet the following criteria may be offered Diversion services in lieu of formal court proceedings. Diversion does not discriminate due to ethnicity, gender, sexual orientation or socio-economic status.

Adult Clients must meet the following criteria:

1. The Client must be 18 years old at the time of the offense;
2. The Client must admit their involvement or culpability for the offense;
3. The Client does not have any prior convictions or deferred judgments for felonies; the District Attorney has discretion in eligibility determinations for cases of non-DUI traffic offenses;
4. The Client must not have any prior convictions or deferred judgments for the same or a similar offense; the District Attorney has discretion in cases of non-DUI traffic offenses;
5. In traffic cases, the Client must not have been offered a Diversion for the same traffic offense; the Client must not have more than 2 traffic convictions within the past 5 years to remain eligible;
6. The Client does not have any felony warrants on cases other than the presenting offense;
7. The Client is not currently serving a Diversion or Probationary term; the Client may not have multiple open cases.  New cases can be coupled with an existing diversion if deemed appropriate based on the diversion criteria; and
8. The restitution amount must be within what a reasonable person can pay within a 12-month period—approximately $1200.

Eligibility for Driving Under the Influence Cases:

In cases of Driving Under the Influence (DUIs) clients will be eligible if they meet the following criteria:

1. If the Blood Alcohol Content (BAC) or Breath Alcohol Content (BrAC) was between 050 to 0.120, then they will be eligible if:

1. 1. There have not been any prior convictions, diversions, or deferred judgments within the last 15 years for the same offense;
   2. The offense was not committed concurrently with a 12-point traffic offense (e.g. Careless Driving Resulting in SBI or Speeding 40MPH over the limit); and
   3. There were no attempts made to elude officers during the commission of the offense.

2. If the Blood Alcohol Content (BAC) or Breath Alcohol Content (BrAC) was between 121 to 0.200, then they will be eligible if:

1. 1. There have not been any prior convictions, diversions, or deferred judgments within the last 15 years for the same offense;
   2. There were no injuries to a secondary party as a result of the offense;
   3. There were no attempts made to elude officers during the commission of the offense;
   4. The offense was not committed concurrently with a 12-point traffic offense (e.g. Careless Driving Resulting in SBI or Speeding 40MPH over the limit); and
   5. The offense was not committed concurrently with some non-traffic criminal conduct (e.g. Obstruction of Governmental Operations or Resisting Arrest).

3. If there was an Expressed Consent Refusal, then they will only be eligible if:

1. 1. They consented to a Portable Breath Test at the scene or at the jail and the Breath Alcohol Content was below 0.200;
   2. There have not been any prior convictions, diversions, or deferred judgments within the last 15 years for the same offense;
   3. There was not a crash resulting in property damage to a third party;
   4. There were no injuries to a secondary party as a result of the offense;
   5. There were no attempts made to elude officers;
   6. The offense was not committed concurrently with a 12-point traffic offense (e.g. Careless Driving Resulting in SBI or Speeding 40MPH over the limit); and
   7. The offense was not committed concurrently with some non-traffic criminal conduct (e.g. Obstruction of Governmental Operations or Resisting Arrest).

Cases Ineligible for Adult Diversion:

• Cases involving Sex Offenses;
• Cases alleged as an act of Domestic Violence;
• Cases involving defendants under the age of 18 at the time of intake;
• Cases involving Serious Bodily Injury;
• Cases involving a victim aged 15 years or younger; and/or
• Cases involving fentanyl or any other Schedule I, II, or III Controlled Substances.

Updated January 2026