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Adult Diversion Eligibility Requirements

Adult Program Description

The 22nd District 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 different eligibility requirements. The 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 Diversion. Clients are assigned to programs based on their needs, and the length of time on Diversion varies depending upon the individual needs of the client

Adult Diversion Eligibility

In general, clients who have committed a Felony 4, 5 or Felony 6 property offense and/or a Misdemeanor 1, 2 or 3 are eligible for Diversion as well as traffic offenses. Individuals who commit a misdemeanor or felony property 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. Defendant must be 18 years old at the time of the offense.
2. Defendant must admit there involvement, culpability or guilt in the offense.
3. Clients do not have any prior convictions or deferred judgements for felonies. The District Attorney has discretion in cases of non-DUI traffic offenses.
4. Clients do not have any prior convictions or deferred judgements for Class 1 or 2 misdemeanors. The District Attorney has discretion in cases of non-DUI traffic offenses.
5. In traffic cases, clients have not been offered diversion before for a traffic case and does not have more than 2 traffic convictions within 5 years.
6. Clients do not have any felony warrants on cases other than the presenting offense.
7. Clients cannot currently be on Diversion or probation and cannot have multiple open cases.  New cases can be coupled with an existing diversion if deemed appropriate based on the diversion criteria.
8. Domestic Violence cases are ineligible.  In rare cases, if there are extenuating circumstances and there are no prior records other than minor traffic offenses DV cases might be considered. A Domestic Violence Evaluation is required as a condition of diversion and clients may be deemed inappropriate for diversion based on the evaluation.
9. The restitution amount must be within what a reasonable person can pay within a 12-month period, approximately $1200
10. In cases of Driving Under the Influence (DUIs) clients must have
A. A Blood Alcohol Content (BAC) under .20
B. No prior convictions or deferred judgements within 15 years
C. No injuries as a result of their actions to secondary party or vehicle
D. No attempts made to elude officers
E. No Co-occurring 12 point traffic offenses
F. No co-occurring non-traffic criminal conduct such as obstruction of governmental operation or resisting arrest.
Ineligible cases 
• Cases involving sex offenses are not eligible for diversion 
• Cases involving defendants under the age of 18 at the time of intake
• Cases involving serious bodily injury
• Cases involving victims ages 15 years or younger
Contact Montezuma County District Attorney
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