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Juvenile Diversion Q&A

I received a letter offering diversion, now what?

The Juvenile Diversion program is voluntary and the juvenile and their guardians must consent to the program. If you want to take advantage of the diversion opportunity, call the State’s Attorney’s Office at (605) 626- 7130 within the designated time frame to set up an intake meeting with the Diversion Coordinator. If you do not respond within the allotted time frame, the juvenile prosecutor will proceed with prosecution in a formal court setting.

What should I expect at the intake meeting?

The Diversion Coordinator will provide an overview of the program. Each contract is created specifically for the juvenile so until the intake is completed, the Diversion Coordinator will not be able to give an accurate guess of what the conditions of the diversion contract will be. The Diversion Coordinator will complete an initial assessment with the offender and his/her family to determine needs and/or risk areas. Together, a Diversion Contract will be created.

Some of the services or conditions considered are:

  • Community Service
  • Drug/Alcohol Evaluation
  • Referral to individual counseling
  • Education Course
  • Apology Letter
  • Other writing assignment
  • Engaging in structured activities to occupy further free time.

Participants and their families will be responsible for all program costs. Scholarships or sliding fee scales may be available for families needing financial assistance.

How long is the diversion program?

The diversion program cannot exceed four months. The length of time of each specific Diversion Contract will be discussed at intake.

What happens if the diversion participant were to violate the contract or pick up additional criminal charges?

There is not one answer to this question. To put it simply, this would imply that the current conditions are not working. Depending on the severity of the new alleged offense(s) and the juvenile’s attitude and behaviors towards the existing diversion contract, the Diversion Coordinator will either recommend that a new contract is created or that the juvenile needs a higher level of supervision.

What can I expect while on the program?

This will also be decided on a case-by-case basis. This is intended to be an informal program; therefore, contact will be fairly infrequent. The Diversion Coordinator will reach out after the first couple of weeks in the program to ensure that everything is off to a good start. Contact will then be dependent on the schedule and needs of the offender. The Diversion Coordinator will stay in touch with parents/guardians, service providers, school (if necessary) to ensure adequate progress. The Diversion Coordinator is simply a resource to assist in monitoring of the contract, ensuring program requirements are being met, and suggesting any changes or additional services if the needs were to arise. The primary responsibility for a successful diversion participant relies on the youth and their family/supports. If you successfully complete your diversion program, the state would not oppose a motion to expunge.