A. Admission into the diversion program is limited to first time property offenders. “First time property offender” is defined as an individual who is charged with a property crime including felonies up to and including Severity Level IV on the Minnesota Sentencing Guidelines Grid, who has no prior conviction as an adult of any kind, including stays of adjudication, has no additional criminal charges pending, and has not previously participated in an adult diversion program in Minnesota or any other state. Prior juvenile delinquency adjudications and stays of adjudication as a juvenile or participation in a juvenile diversion program should be reviewed on a case by case basis by the Prosecutor to determine eligibility of such an offender for diversion. The property crime involved a loss, the value of which is less than $3,000.00.

B. The participant must voluntarily agree to participate in a diversion program and pay any costs associated with his or her participation, currently, a $100.00 probation fee.

C. The participant must provide a detailed statement outlining his or her involvement as well as the involvement of others in the commission of the underlying offense.

D. The participant must have no identifiable history of violence including, but not limited to, being the subject of an order for protection or similar restraining order issued by the court, or any other substantiated charge or allegation of abuse or violence.

E. The participant must sign a waiver of any right to speedy trial and waive this right on the record at the Rule 5 or 8 hearing.

II. Conditions of Diversion.

A. The participant must undergo chemical dependency and psychological assessments where appropriate and follow through with the recommendations of the assessments during his or her participation in the program. The participant must agree to submit to urinalysis or electronic alcohol monitoring.

B. Community Work Service or participation in appropriate education programs may be made a condition of the participant’s admission into the diversion program.

C. Full restitution shall be made by the participant prior to completion of the diversion program. The period of time which a participant has to comply with the restitution, treatment, counseling, community work service or other components of the problem must be acknowledged in writing by the participant prior to admission to the diversion program.

D. All participants must sign release of information authorizations so that information about their performance in the diversion program can be shared with victims, courts and law enforcement agencies.

III. Screening for Eligibility – Minn. Stat. § 401.065, Subd. 3(2)(n)

A. The County Attorney’s Office will screen cases for eligibility. County Attorney staff may contact Rice County Community Corrections for information about prior juvenile or adult offenses in Rice County.

B. Criminal record checks will be run on all diversion participants.

IV. Point of Diversion – Minn. Stat. § 401.065, Subd. 1(1)(i)

Diversion will be offered to eligible adults after a criminal complaint has been filed but before plea of guilty has been entered, preferably at the Rule 5 or Rule 8 hearing.

V. Victim Involvement – Minn. Stat. § 611A.031

Before the option of diversion is offered to a participant or criminal offender the victim must be informed. Victims will not have the option of vetoing diversion. Victims and law enforcement agencies will be provided ample opportunity to express their opinions and concerns regarding a participant’s admission into the program. Victim or law enforcement opposition to diversion will be given serious consideration by the prosecutor. The County Attorney will decide as to whether or not diversion is appropriate for any individual criminal defendant when the victim or a law enforcement agency objects. In all other cases, the assigned prosecutor will make the final determination.

VI. Violations of Conditions of Diversion

A. The standard conditions of diversion will be that the participant will:

1. be of law abiding behavior,

2. maintain contact with diversion officer/Probation officer,

3. keep all appointments with diversion officer/Probation officer,

4. not leave the State without notice to and consent of the diversion officer/Probation officer,

5. comply with any financial arrangements for periodic payments agreed to with the diversion officer/Probation officer, and

6. comply with all of the other terms and conditions of diversion.

B. Violations of any of the conditions of diversion will be set forth in writing to the diversion participant and mailed to his or her last known address. The sanction for violating probation will be reinstitution of the criminal proceedings by the prosecutor.

VII. Completion of the Diversion Program.

A. At the completion of the diversion program the assigned prosecutor will dismiss any outstanding charges against the participant.

B. Data on the participant’s original charge, participation in the diversion program, and completion of the diversion program will be maintained by the County Attorney’s Office and Community Corrections for a period of five years to be used in determining future eligibility for diversion participation during that time. For offenders who complete diversion, a report will be forwarded to the Bureau of Criminal Apprehension by Community Corrections so that the fact of diversion can be added to the Computerized Criminal History (CCH) file.