Adult Diversion / Restorative Justice Program

The mission of the Office of the District Attorney’s Adult Diversion Program (ADP) is to create opportunities for reconciliation between offenders and victims, reduce the volume of formal criminal case loads, and create circumstances that facilitate rehabilitation. The ADP provides opportunities for offenders to take responsibility for their actions, repair and restore harm caused through restorative processes, and to engage in programs that promote behavioral growth and change. As a result, the ADP reduces recidivism and empowers participants to become productive, law-abiding citizens.

What is diversion?

The Adult Diversion Program is a voluntary alternative to prosecution. It is viewed as a privilege, not a right. Referrals to the program are not based on race, ethnicity, gender, sexual orientation, or religious affiliation. In determining whether a defendant is appropriate for diversion, the District Attorney shall consider the following eligibility guidelines:

The nature of the crime charged and the circumstances surrounding it;
Any special characteristics or circumstances of the defendant;
Whether diversion is consistent with the defendant’s rehabilitation and reintegration;
Whether the public interest will be best served by diverting the individual from prosecution; and
Whether the offender is accountable for their actions and agrees to take steps to repair any harm caused by their actions.

Who can participate?

Acceptance into the program is within the sole discretion of the District Attorney’s Office. The Deputy District Attorney (DDA) assigned to the case initially determines if an offender is eligible to apply for the program. If so, the DDA will provide the offender referral paperwork. The offender must contact the Diversion Coordinator within 48 hours of signing the referral to continue the application process and schedule an intake interview.

There is no plea entered for the program, and the defendant shall not be denied the opportunity to consult with legal counsel before consenting to diversion. A defendant’s acceptance into the program will be based upon the eligibility guidelines, consideration of all the elements of the case including prior criminal history, and screening by the Diversion Coordinator. An offender’s written statement accepting responsibility for their actions and behavior is required. The DDA and Diversion Coordinator can deny participation if eligibility guidelines and criteria for the program are not met.

How does it work?

The program develops and implements an individualized plan (diversion agreement) with offenders that addresses behaviors that brought them into the criminal justice system and includes terms and conditions that are applicable to their case. This may include but is not limited to participation in substance abuse, mental health, domestic violence, or anger management treatment, substance abuse testing, community service, individual counseling, restitution, letters of apology, parenting classes, life skills classes, restorative justice processes, marijuana awareness or THC education classes, responsible service of alcohol classes, and theft education. All participants must be employed or successfully participating in a full-time education program and are required to check-in in person, by telephone or via email on a monthly basis as well as attend meetings with the Diversion Coordinator throughout the diversion term.

It costs $50.00 a month to participate in the ADP unless the Diversion Coordinator determines that a waiver or reduction of fees is appropriate. Participants will be required to pay restitution, if applicable and may be responsible for all or a portion of the costs associated with domestic violence, mental health, or substance abuse treatment.

A defendant can be in the diversion program for a minimum of three (3) months and up to two (2) years. During that time, participants cannot commit any criminal offenses. If the participant violates the conditions of the diversion agreement and the court finds that a violation has occurred, diversion will be revoked, and the case reinstated for prosecution.

Upon the defendant’s satisfactory completion of and discharge from diversion, the court shall dismiss with prejudice all charges against the defendant and seal the case.

Advantages of diversion:

Offenders are accountable for their actions and agree to take steps to repair and restore harm caused by their actions.

Participants receive skills, information, assistance, and specialized treatment or therapy to reduce the risk of future incidents.

The number of cases in the criminal justice system and recidivism are reduced.

Upon successful completion of the program, charges are dismissed and criminal records pertaining to the offense qualify to be automatically sealed.

Restorative justice program

Colorado law defines restorative justice practices as “practices that emphasize repairing the harm caused to victims and the community by offenses.” Restorative justice through the ADP works with the offender to repair the harm done by focusing on the needs of the harmed parties and the rehabilitation of offenders through community accountability. This includes but is not limited to restitution, performing useful public service, written letters of apology, and restorative justice circles.

If your case has been referred to the Adult Diversion Program or Restorative Justice Services, the links listed below are provided to help you with possible needed materials.