Diversion Program

Unsupervised Diversion is a program for lower-risk youth and adults with lower-level charges. Unsupervised diversion uses validated risk screeners, community-based interventions, and restorative justice practices to support accountability, education, connection to services, and repair of harm from the offense.

Supervised Diversion is a program for youth and adults who need a higher level of support or supervision, or where the case involves higher-harm offenses. Supervised diversion provides individualized assessment-based case plans, meetings with diversion coordinators, connection to community-based services and interventions to drive down risk factors and address underlying needs, and restorative justice practices to support meaningful accountability and repair of harm from the offense.

Diversion Opportunity for Resources and Stabilization (DORS) Program is a diversion program for adults who have more acute mental or behavioral health and stabilization needs. DORS participants receive 6 months of intensive, targeted case management prioritizing basic needs and linking them to community-based services and treatment. Please visit the DORS Program page for more information.

The following factors, among others, are considered when determining diversion eligibility for youth and adults:

• Charges and level of harm from the offense
• Facts, including consideration of aggravating or mitigating facts
• Public safety concerns
• Level of risk and need of the person charged (based on screening/assessment)
• Level of responsibility of the person charged
• Victim input
• Prior criminal history (note that criminal history is considered but is not necessarily a bar for acceptance; however, other non-eligible pending cases or current probation/parole may result in ineligibility for diversion)

Juveniles in most cases referred to the district attorney will be screened for diversion eligibility using the Arizona Risk and Needs Assessment (ARNA) screener as required by Colorado law (CRS 19-2.5-402). The ARNA score is only one factor considered when determining a young person’s eligibility for diversion. Juvenile diversion eligibility is provided in compliance with CRS 19-2.5-402(4)(f).

1^st and 2^nd degree felonies, child abuse with injury, adult sexual offenses, adult domestic violence offenses, stalking, animal cruelty, violation of criminal protection order or bail bond, DUI/DWAI, firearm offenses, high level arson, animal and wildlife offenses, and traffic offenses are not eligible for diversion. In addition, individuals who have a higher level of risk or need than can be addressed with diversion, individuals on probation or parole, and individuals with other non-eligible cases pending are not eligible for diversion.

• 92% successful completion of diversion for youth and adults, including a wide range of offenses
• Low 9% recidivism across adult and juvenile diversion tracks
• 750+ cases handled annually
• Diverting more than 50% of all juvenile cases on average
• 99% victim satisfaction with restorative justice
• 99% defendant satisfaction with restorative justice
• More than 95% of participants report that diversion helped them learn new skills, make better decisions, take full responsibility for their actions, and make positive changes in their life.

• National leader in prosecutor-led restorative diversion
• Trauma-informed, culturally relevant services
• Harm reduction education and interventions
• In-house Restorative Justice Program with active team of trained volunteers
• High quality Restorative Justice and Diversion training for volunteers, service providers, system partners, and community members

The 20^th Judicial District Attorney’s Office has made data available about case referrals, outcomes, and performance indicators available to the public to establish greater transparency and improve the fairness and effectiveness of the criminal justice system.

• “Thanks to the diversion program I was able to rebuild relationships and slowly claim my life back. I cannot express my gratefulness for this program… for giving me a second chance to do it right. Thank you.”
• “I learned that my actions affect more people more deeply than I would have ever considered believing before.”
• “I honestly feel like diversion has shown me so much about how to be in a community. It has matured me so much in so many different ways.”
• “The diversion program… helped me work on my personal life and health. It also helped me understand the effect my actions have on others.”
• “I learned to take responsibility for my actions, think before I act, and make better choices moving forward.”
• “The diversion program takes into account what it really means to help people heal and grow after causing pain and difficulty to the community around them. This program understands that not all crime needs to be met with a punishment but instead gives people the opportunity to grow and ensure they don’t make the same mistakes they’ve made in the past.”
• “After completing this program, I could not be more grateful for it. Not only was I able to repair harm with the other individual that was involved, but I learned so much about not only myself, but my community and the people I surround myself with.”

The purpose of diversion is to address harmful behavior and reduce the risk of future crime. Participation in diversion is voluntary. If you are accepted into diversion, choose to participate, and meet all requirements to complete diversion successfully, your case will be closed and/or your charges will be dismissed. If you decline to participate, reoffend, or do not successfully complete the requirements of diversion, your case may be returned to court for traditional prosecution.

If you were referred for a diversion screening you must contact the diversion program by phone: 303-441-1212 or email: diversion@bouldercounty.gov within three (3) days after your court appearance to schedule your screening.

Diversion is an accountability and prevention program and is not for people who wish to dispute their charges. You must be willing to take responsibility for the part of the incident for which you are facing charges and the impact caused. Participation in diversion will require reflection, discussion, and/or a written accountability statement about your offense and its impact.

Your eligibility, diversion track, and level of supervision will be based on the facts in your case, the impact and harm caused by the offense, and the results of validated risk screeners and assessments. If you are accepted into diversion, your individualized requirements will be assigned after speaking with diversion staff and may be modified at any time based on your progress, non-compliance, or new information.

Requirements of diversion vary by case and may include any of the following:

• Educational classes and activities
• Substance use, mental health, and behavioral health screenings, treatment, and support
• Skill-building, decision-making, and prosocial activities
• Restorative conversations with diversion staff
• Voluntary Restorative Justice conference with victim(s) and other people affected by the offense
• Restitution (money repayment to victim(s) for financial loss resulting from the offense)
• Other actions to reduce risk of re-offense, increase stabilization, and understand and repair harm

In most cases, diversion lasts between 4-12 months depending on the nature of the offense, your level of risk, and other factors, but that period may be shortened or extended based on your progress.

Diversion fees vary by program. Reduced fees or waivers may be available based on income, hardship, and need. Victim services fees are required in Adult Diversion and DORS cases regardless of whether the case involves a direct victim and Colorado law requires collection of a mandatory $33 victim services fee per case (see Colorado Revised Statutes §24-4.1-119(1)(h)). The victim services fees collected in Adult Diversion and DORS cases are used to support the Colorado Crime Victim Compensation fund and other victim support services.

• Adult Diversion & DORS Program: $0-$150 program fee + $33-$150 victim services fee
• Juvenile Diversion Program: $0-$150 program fee

If money is owed to the victim(s) in your case for their financial loss, you will be required to pay restitution. You may also be required to pay for programs and services assigned through diversion. You will not be denied diversion because of inability to pay diversion program fees. If you are unable to pay for required services, financial assistance may be available.

If you successfully complete all diversion program requirements, your case will be dismissed, and you will not have a conviction, adjudication, or guilty plea on your record. If you are not accepted into diversion or do not successfully complete all diversion requirements, your case will be returned to court for traditional prosecution. Under Colorado law, most juvenile and adult arrest and criminal records are automatically sealed after successful completion of pretrial diversion (see Colorado Revised Statutes §§18-1.3-101, 19-1-306, 24-72-704, 24-72-705). When a case is sealed, it is no longer accessible to the general public, including many potential employers and standard background checks. However, law enforcement, the courts, and certain governmental agencies can still access arrest and criminal records. A successfully completed diversion agreement shall not be considered a conviction or adjudication for any purpose. If you have questions about sealing, please contact an attorney.

To pay fees for Diversion please visit the Boulder County Diversion Payment portal.

To make restitution payments please visit the Boulder County Restitution Payment portal.

If you need to update your contact information with Colorado Courts, please fill out and submit Colorado Courts Form JDF 88.

The Boulder DA’s diversion programs for youth and adults focus on accountability, repair of harm, and prevention of future crime. Diversion participants must complete a risk assessment and individualized requirements as determined by the diversion program. Requirements of diversion vary and may include any of the following: connection with community resources; screenings, therapy, and support for substance use and behavioral health needs; educational classes and activities; skill-building, decision-making, and prosocial activities; restorative practices and restitution; and other actions to reduce the risk of future crime and repair harm from the offense.

In most cases, diversion lasts between 4-12 months, but the length of time may be shortened or extended based on the person’s progress. If the diversion participant successfully completes all requirements, the case will be dismissed. If diversion requirements are not completed, the case will be returned to court for traditional prosecution. Under Colorado law, most youth and adult arrest and criminal records are automatically sealed after successful completion of pretrial diversion (see Colorado Revised Statutes §§18-1.3-101, 19-1-306, 24-72-704, and 24-72-705). When a case is sealed, it is no longer accessible to the general public, including many potential employers and standard background checks. However, law enforcement, the courts, and certain governmental agencies can still access arrest and criminal records.

The diversion program would like to assist you with any needs you have because of the crime you experienced, including hearing how you have been affected and what, if any, repair you may need from the responsible party. Information on available victim services:

• Options for Input: We value your input and would like to include your voice in the process. Your input is completely voluntary, and we will do our best to meet your requests. Please come complete this Victim Participation Options form.
• Crime Victim Compensation (CVC): Victims of certain crimes may qualify for financial assistance through Colorado’s Crime Victim Compensation program. If the crime in this case qualifies, one of our CVC staff members can help you apply.
• Restitution: If you had financial expenses or losses because of the diversion participant’s offense, our office may require them to pay you back, which is called restitution. If you are seeking restitution in a diversion case and have not already received a packet regarding restitution, please contact the victim advocate assigned to your case or to RJ Program Coordinator, Denise Lord, dlord@bouldercounty.gov.
• Restorative Justice: Restorative justice practices are used throughout diversion to support accountability, understanding of impact, and repair of harm from the crime. Repair actions vary depending on the offense and the needs of the people involved and may include restitution, giving back to the community, voluntary amends and letters of apology, participation in a restorative justice conference, and other positive actions. The Boulder County DA’s Office has an in-house restorative justice program offering restorative justice conferencing and victim offender dialogue. If the case is eligible, you may be able to have a facilitated restorative justice meeting with the responsible party to ask them questions and share the impact the crime had on you and others, as well as to have a say in what they will do to help repair harm done to you and others who were affected.

For more information about your options for input or restorative justice, contact the RJ Program Coordinator by email dlord@bouldercounty.gov.