The Diversion Counseling Program is administered by the District Attorney of the 18th Judicial District, serving Arapahoe, Douglas, Elbert and Lincoln counties. The program provides an alternative to prosecution in court for select juvenile and adult offenders. The Diversion Counseling Program uses therapeutic interventions and restorative justice practices to address individual, family and community needs. Our primary goals are to provide accountability, identify and intervene to address contributing risk factors for offending behavior, and to increase the well-being of all participants.

18^th JD DA’s Diversion Programs Eligibility Criteria – Juveniles, Adults, and Adult Recovery Program

Juvenile Diversion Counseling Program

• All charges and charge levels are eligible except those involving weapons, guns and incendiary devices, threats of violence to schools or individuals at schools, where youth are known to be gang-involved, or known to be under investigation for additional charges. Juveniles whose current charges include guns, weapons or incendiary devices, threats to schools or violence at school, or who are known to be gang-involved, or are known to be under investigation for additional charges are NOT eligible.
• Juveniles must score as low or moderate risk on the criminogenic risk screening tool (ARNA).
• Juveniles must meet prior criminal history requirements:
  • No other pending cases
  • Not currently under any supervision
  • No felony convictions in the last 3 years
  • No or limited misdemeanor, traffic or municipal convictions in the last 2 years
• Victim input and the level of impact to the community weigh in favor of Diversion.
• Diversion programming is able to mitigate criminogenic risks and support needs.
• The Juvenile is accountable for the underlying problematic criminal behaviors without minimizations or victim-blaming.
• The Juvenile can and will comply with Diversion Program requirements (attendance, no new offenses, Restorative Justice Practices, restitution payments, treatment goals, etc.).
• The DA’s office will continue to make case-by-case decisions and exercise its legal discretion to make exceptions to the eligibility criteria as appropriate.

Adult Diversion Counseling Program

• Defendants charged with a sex offense, an act of domestic violence, a crime of violence, or a DUI are NOT eligible.
• Defendants must score as low or moderate risk on the criminogenic risk screening tool.
• Defendants must meet prior criminal history requirements:
  • No felony convictions in the last 5 years
  • No or limited misdemeanor and traffic convictions in the last 2 years
  • No other pending felony cases
  • No other or limited pending misdemeanor and traffic cases
  • Not currently under any supervision
• Victim input and the impact to the community weigh in favor of Diversion.
• Diversion programming is able to mitigate criminogenic risks and support needs.
• The Defendant is accountable for the underlying problematic criminal behaviors without minimizations or victim-blaming.
• The Defendant can and will comply with Diversion Program requirements (attendance, no new offenses, Restorative Justice Practices, restitution payments, treatment goals, etc.).
• The DA’s office will continue to make case-by-case decisions and exercise its legal discretion to make exceptions to the eligibility criteria as appropriate.

Adult Recovery Diversion Program

• Defendants charged with possession of an illegal substance or drug paraphernalia only, or where possession of an illegal drug is the top count and who meet the following prior criminal history requirements:
  • No felony convictions in the last 5 years
  • No or limited misdemeanor and traffic convictions in the last 2 years
  • No other pending felony cases
  • No other or limited pending misdemeanor and traffic cases
  • Not currently under any supervision
• Defendants must schedule their screening and begin any recommended treatment in a timely manner or the offer of diversion will be revoked.
• Defendants who fail to appear at scheduled court hearing may have the offer of diversion revoked.

There is a one-time non-refundable fee that must be paid in order to participate in Diversion. 

$150 for juvenile cases

$500 for juvenile sex offense cases + the cost of treatment

$300 for adult cases

You and your assigned counselor will create a treatment plan designed to address your risks and needs.  Your treatment plan may include individual, family or group therapy, restorative justice practices and experiential therapies like art and wilderness for juveniles.  All participants in diversion must also agree to and abide by the diversion contracts standard terms and conditions.

The answer to this question varies depending on the individual treatment plan of each participant.  How quickly the goals of the plan are achieved is primarily driven by the participants themselves.

Once you have completed the requirements of diversion you will be given a letter of completion. If your case was filed into court a motion to dismiss will also be filed. If you are a juvenile your case will be eligible for expungement.  You can access information of the expungement process here.  If you are an adult you should consult a lawyer for information about the sealing process and your eligibility.

If you would like to request your diversion-specific records, please send an email to: diversion@da18.state.co.us