What are the terms of the diversion agreement?
If the defendant is found to be suitable for the Diversion Program, a written Agreement for Pretrial Diversion shall be offered to the defendant for acceptance or rejection. If an original copy of the agreement is not signed and returned to the Diversion Coordinator within twenty-one (21) days after the mailing or emailing of the offer to the defendant or counsel for the defendant, the offer will be considered to be withdrawn. If the offer is accepted by the defendant, all parties shall sign the written Agreement for Pretrial Diversion unless other arrangements have been made by the parties.
The Agreement may contain but not be limited to:
- A waiver of all rights to a speedy trial, all rights to a jury trial and a stipulation as to the facts of the case.
- A specified term of diversion. Typically between three (3) and twelve (12) months.
- An agreement that the defendant shall not violate any laws of the United States or any State, or ordinances of any City or resolutions of any County, and may be subject to random UA testing.
- An agreement that the defendant shall report to the Diversion Coordinator or to any other person at the time he or she may be ordered to so do by the Court, or anyone so designated by the Court.
- Defendant shall have no contact with the victim(s), co-defendant(s), and witness(es) unless waived by the Diversion Coordinator.
- Defendant shall maintain current address on file with the County Attorney’s Office and the Clerk of the District Court.
- Defendant may be required to surrender all firearms and ammunition to one who may lawfully possess the same.
- Payment of all court costs, diversion costs, fees and fines within a specified time
- Any special conditions agreed to by the parties which may include any of the following:
- Full restitution to the victim
- Residence in a specified facility
- Maintenance of full time employment or school enrollment
- Participation in any recommended program
- Counseling or substance abuse treatment
- Performance of community service
- Other conditions as determined by the County Attorney
- One extension may be granted for up to ninety (90) days for cause and in extreme circumstances only.
- Online courses which are approved by the Diversion Coordinator may be considered in lieu of face to face programs. A supplemental educational/treatment program will be required for all Diversion Agreements, except for speeding, if speeding is the only offense.
- Out of state defendant’s may be denied diversion if conditions of diversion agreement cannot be satisfied.