Diversion is an opportunity for an individual with a qualifying case to have an alternative to prosecution and incarceration. Diversion programs are specifically-designed and emphasize taking responsibility, personal growth, and repairing harm in the community. Diversion ensures accountability while allowing individuals to avoid the collateral consequences of convictions or adjudications.
Diversion aims to:
- Prevent future unlawful behavior
- Restore victims of crime
- Facilitate restitution to victims
- Reduce the number of cases in the criminal justice system
- Have a person-centered response to address the contributing factors that led to an individual becoming involved in the criminal justice system
Diversion is effective, sustainable, and a smart investment in community safety. Diversion focuses on preventing future criminal justice interaction, is made available at low or no cost to the participant, and saves taxpayers money by eliminating the cost of monitoring, detaining, and prosecuting individuals. Explore Diversion case data on the Data Dashboard.
Diversion Process
District Attorney diversion programs are authorized by Colorado Revised Statutes 18-1.3-101 and 19-2.5-402.
- Eligibility – Each Diversion program has its own eligibility guidelines listed under "Adult Diversion" or "Juvenile Diversion" above. Our office has discretion to accept or reject any case for Diversion based upon the specific facts of the case, the history and needs of the individual, the safety of the community, and the input of the victim(s). In general, our programs are targeted to those without significant recent system involvement and where there is minimal need for long-term oversight.
- Case Referrals – Diversion Specialists actively identify cases that may be appropriate for Diversion in advance of an individual’s first appearances in court. Deputy District Attorneys also identify and refer cases to our Diversion team after first appearances. Defense attorneys and pro-se defendants who believe a case should be considered for Diversion should consult with the Deputy DA assigned to the case.
- Diversion Agreement – Once a case is considered for Diversion, the individual meets with one of our Diversion Specialists to discuss the terms of an agreement that is individually tailored based on the nature of the case and the needs of the individual. Any statements or admissions made by the individual while participating in the Diversion program, including statements of accountability, will not be used against the individual in any reinstated prosecution of the case, except that these statements may be used to impeach statements made under oath. All Diversion agreements include a condition to remain law abiding and a waiver of the right to a speedy trial.
- Successful Diversion – Upon successful completion of the Diversion agreement, the case is dismissed with prejudice, meaning it cannot be refiled, and is often eligible to be sealed or expunged.
- Unsuccessful Diversion – Should the individual fail to comply with the Diversion agreement, prosecution of the case is reinstated.
