I. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action.

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1 ANOKA COUNTY ADULT CRIMINAL DIVERSION PLAN Effective July 1, Revised 8/1/02, 9/5/07, 9/11/08 (Revisions apply only to crimes occurring on or after 9/1/08). The following plan has been developed by the Anoka County Attorney to comply with Minnesota Statute requiring that the County Attorney of any county participating in the Community Corrections Act develop a Pre-Trial Diversion Program for first-time offenders charged with a misdemeanor, gross misdemeanor or felony offense, other than a crime against the person. The goals of this Diversion Plan are to provide an alternative to criminal prosecution as an incentive to change behavior and thus reduce recidivism, while at the same time promoting payment of restitution to crime victims and reducing court related costs. Diversion provides an alternative to incarceration and criminal conviction for eligible low-level property crime offenders. The prosecutor responsible for prosecuting the offense makes the decision to divert an offender. The Anoka County Diversion Plan has two levels: pre-charge and post-charge. Successful completion of the pre-charge diversion program will result in no criminal charges against the offender. Successful completion of the post-charge diversion program will result in dismissal of the criminal charges. I. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: A. OFFENDERS WHO: 1. Admit guilt and acknowledge responsibility for their action. 2. Demonstrate a willingness to make restitution. Cases involving restitution are subject to a dollar limitation ($5,000). B. OFFENDER IS ELIGIBLE FOR PRE-CHARGE DIVERSION IF OFFENDER: 1. Currently participates in pre-charge diversion for a 5 th degree drug offense OR successfully completed pre-charge diversion for a 5 th degree drug offense AND new offense is a 5 th degree drug offense. 2. No prior diversion or adult stays of adjudication. 3. No prior felony or gross misdemeanor convictions excluding traffic. 4. Three or less misdemeanor convictions within the preceding ten years, excluding traffic. 5. No pending felony or gross misdemeanor charges, excluding traffic. 6. No prior juvenile felony adjudication within the previous seven years which occurred while the offender was between ages 14 and 18, except for a 5 th degree drug offense. C. IF OFFENDER FAILS TO SUCCESSFULLY COMPLETE PRE-CHARGE DIVERSION, THEY ARE NOT ELIGIBLE FOR POST-CHARGE DIVERSION. 1

2 II. ELIGIBLE OFFENSES: A. MISDEMEANORS AND GROSS MISDEMEANORS ELIGIBLE FOR PRE- CHARGE DIVERSION: 1. Worthless Checks, M.S Check Forgery and Offering Forged Checks, M.S Theft, M.S Receiving Stolen Property, M.S Financial Transaction Card Fraud, M.S Trespassing, M.S Criminal Damage to Property, M.S Motor Vehicle Tampering, M.S B. FELONIES ELIGIBLE FOR PRE-CHARGE DIVERSION: 1. 5 th degree drug offense, M.S , except 5 th degree sale. 2. Theft, $5000 or less, M.S , 3. Criminal Damage to Property of $5000 or less, M.S Receiving Stolen Property of $5000 or less, M.S Check Forgery and Offering a Forged Check, M.S Issuance of Dishonored Checks over $500, M.S UUMV, M.S Theft of a Motor Vehicle valued at $5,000 or less, M.S Financial Transaction Card Fraud, M.S Possession of Burglary or Theft Tools, M.S Possession of Shoplifting Gear, M.S Burglary in the Third Degree, (open garage, shed or storage and $200 or less), M.S , subd. 3 D. FELONIES ELIGIBLE FOR POST-CHARGE DIVERSION: 1. All severity level I and II offenses are eligible for post-charge diversion EXCEPT: Controlled Substance-Sales; Assaults; weapons-related offenses; Fleeing a Peace Officer in a Motor Vehicle, Leaving the Scene- 2

3 Personal Injury Accident; Deprivation of Parental Rights; Terroristic Threats; Harassment/Stalking; Escape from Custody; Aiding an Offender to Avoid Arrest; Committing a Crime for the Benefit of a Gang; Solicitation of Prostitution; Soliciting a Juvenile to Commit a Crime; and unlawful acts involving liquor under Chapter 340A.701. III. DISCRETIONARY ADMISSION INTO DIVERSION PROGRAM A. Admission into any diversion program rests within the discretion of the prosecutor. B. FACTORS TO CONSIDER: Factors which may be considered by the prosecutor in making the recommendation for Diversion may include the following: The nature and circumstances of the offense and the sanction or punishment to be imposed if a person is convicted; the probability of the conviction; the characteristics of the offender; the willingness of offender to cooperate and succeed in diversion; the interests of the victim; the recommendations of law enforcement; the age of the offense; undue hardship on the offender; undue hardship upon or reluctance of witnesses to testify; and any mitigating or aggravating circumstances. C. INAPPROPRIATE CONSIDERATIONS: A prosecutor shall not consider any personal or political advantages which a prosecution may bring, nor should a prosecutor consider in any way the race, gender, social status, or economic status of the offender, victim, and/or witnesses in the charging decision. IV. PLAN PROCEDURES FOR PRE-CHARGE DIVERSION: A. IMPLEMENTATION: 1. To receive pre-charge diversion, the charging attorney will screen to verify the offender is facing a pre-charge eligible offense, and determine that there is sufficient evidence to charge the offender with an offense. 2. Criminal Division staff will screen the offender s criminal history for eligibility based on the above criteria. 3. Victim/Witness will contact the Investigator and Victim, where appropriate, and inform them that the offender is eligible for pre-charge diversion. Victim/Witness will refer all reasonable objections to pre-charge diversion to the Attorney Coordinator to consider issuing a criminal complaint. 4. If above criteria are met, the Attorney Coordinator will send the offender a letter inviting them to appear at Corrections to enter pre-charge diversion. A copy of this letter, along with the names and dates of the meetings, will go to Corrections, Public Defender, Investigations, Victim/Witness, and the Attorney Coordinator. 5. The letter will include an overview of the pre-charge diversion program, as well as an outline of offender s constitutional rights, and the right to speedy proceedings. The letter will also inform them that the state will issue criminal charges if they fail to appear at the meeting. (If criminal charges issue because offender failed to attend the meeting, offender is eligible for post-charge diversion). 3

4 6. At the meeting, if they don t have counsel, the offender must confer with the public defender who will be present at the meeting. The offender must sign a written waiver of their constitutional and speedy trial rights The offender must then admit the elements of the offense during a video taped interview with an Investigator. 7. The offender must agree to participate in the Anoka County Corrections Diversion Program and pay all fees associated with the program. (Copies of the Anoka County Corrections Department Diversion Program, including fees and program costs, and sample Diversion Program Agreement forms are attached hereto and incorporated herein). A fee payment schedule may be arranged where Corrections determines the offender s financial circumstances warrant such a schedule and community work service is an option where Corrections find the offender lacks any ability of meeting even a minimum payment schedule. 8. As part of the diversion program, the offender will be required to sign an Anoka County Corrections Diversion Program Agreement specifying the terms and conditions that must be followed during the period of diversion. The diversion agreement will specify a time period certain in which the offender must complete diversion - one year for misdemeanor and gross misdemeanors and up to three years for a felony. In exceptional circumstances,, Corrections may extend the diversion period for an additional year. 9. Upon successful completion of the diversion program by the offender, Corrections will so inform the Attorney Coordinator, and no criminal charges will issue. 10. Pursuant to Minnesota Statute Section 299C.11, an offender who successfully completes pre-charge diversion may demand the return of finger and thumb prints, photographs, distinctive physical mark identification data, and other identification data collected by law enforcement agencies. B. PROGRAM CONTENT: 1. Full restitution must be made during the period of diversion. The offender must sign and comply with a restitution payment schedule as set by the Corrections Department. 2. The offender must remain law-abiding and of good behavior and not commit any new offense during diversion. 3. The offender must follow all rules and regulations of the Anoka County Corrections Diversion Program and must successfully complete all program requirements specified in the diversion agreement. An offender will not be successfully discharged from pre-charge diversion until the offender has met all of the conditions set forth in the diversion agreement. 4. Corrections will conduct a criminal record check before an offender is successfully discharged from diversion. 4

5 C. FAILURE TO COMPLETE THE DIVERSION PROGRAM AND TERMINATION FROM THE PROGRAM: If the offender provides false material information to the prosecutorial agents or Corrections during the screening process or entrance into the diversion program, fails to complete any condition of the diversion agreement, commits a new offense during the diversion period, or otherwise violates any rule or condition of the diversion program, Corrections will notify the Attorney Coordinator and the offender will be charged with the crime from which diversion was granted. V. PLAN PROCEDURES FOR POST-CHARGE DIVERSION A. IMPLEMENTATION: 1. To be eligible for consideration, a defendant must be charged with an offense which is eligible for diversion consideration. 2. A defendant seeking diversion consideration will be referred to the Anoka County Corrections Department for eligibility screening. 3. A written agreement for diversion disposition must be made no later than six weeks prior to a trial date if the offense is a felony and at or before the pre-trial hearing if the offense is a misdemeanor or gross misdemeanor. In either event the diversion request must be made before a contested omnibus hearing is held. The prosecutor having jurisdiction to prosecute the offense must concur in the request for there to be diversion consideration. If there is no approval by the prosecutor, the individual will not be eligible for diversion consideration. The prosecutor may indicate the prosecutor's concurrence of the defendant for diversion by placing the words: "PROSECUTOR RECOMMENDS PRE-TRIAL DIVERSION IF ELIGIBLE" at the conclusion of the probable cause portion of the complaint. In such cases it is unnecessary for the prosecutor to be present when the defendant is referred for screening or approved by the court for diversion. 4. The defendant must agree to participate in the Anoka County Corrections Diversion Program and pay all fees associated with the program. (Copies of the Anoka County Corrections Department Diversion Program, including fees and program costs, and sample Diversion Program Agreement forms are attached hereto and incorporated herein). A fee payment schedule may be arranged where Corrections determines the defendant's financial circumstances warrant such a schedule and community work service is an option where Corrections find the defendant lacks any ability of meeting even a minimum payment schedule. 5. The Corrections Department will screen the case for diversion program eligibility and conduct a criminal record check. Corrections will then notify the prosecutor, court, defendant and defendant's attorney, if any, as to whether or not the defendant meets the program eligibility requirements and whether or not Corrections approves of diversion for the individual. 5

6 6. The prosecutor should make an effort to consult with the victim and the appropriate law enforcement agency to determine if they have any reasonable objection to diversion before a defendant is approved by the prosecutor for diversion. The county attorney or city attorney prosecuting the offense has the discretion of rejecting diversion consideration in any case. Any reasonable objection from the victim or law enforcement will be given significant weight in the decision of the prosecution authority. In addition, the court may in its discretion reject diversion in any case. 7. If the court approves the defendant for diversion, the defendant will enter a plea of guilty pursuant to the procedures established for a guilty plea for an offense of that nature, provided however, that the court will not accept the plea of guilty, will order the defendant into the diversion program and defer acceptance of the guilty plea, and continue the criminal prosecution pending successful completion of the program by the defendant. 8. As part of the diversion program, the defendant will be required to sign an Anoka County Corrections Diversion Program Agreement specifying the terms and conditions that must be followed during the period of diversion. The diversion agreement will specify a time period certain in which the defendant must complete diversion (usually one year for a misdemeanor/gross misdemeanor and up to three years for a felony). In exceptional circumstances, Corrections may extend the diversion period for an additional one year. 9. Upon successful completion of the diversion program by the defendant, Corrections will submit a recommendation and proposed order to the court dismissing the criminal complaint on a felony or gross misdemeanor case, and a certification of diversion program completion (which operates to dismiss the charge or complaint) on a misdemeanor case. 10. Upon successful completion of the diversion program and dismissal of the charge or complaint against the defendant, the defendant shall not be entitled to a return of finger and thumbprint data collected by law enforcement agencies, nor to photographs, distinctive physical mark identification data, or other identification data collected by law enforcement agencies, nor shall the defendant be entitled to the return of any arrest or offense reports and duplicates thereof in the hands of law enforcement or the prosecutor. B. PROGRAM CONTENT: 1. Full restitution must be made during the period of diversion. The defendant must sign and comply with a restitution payment schedule as set by the Corrections Department. 2. The defendant must remain law-abiding and of good behavior and not commit any new offense during diversion. 3. The defendant must follow all rules and regulations of the Anoka County Corrections Diversion Program and must successfully complete all program requirements specified in the diversion agreement. A defendant will not be considered for successful discharge from diversion until the 6

7 defendant has met all of the conditions set forth in the diversion agreement which may include, but are not limited to, such programs and conditions as chemical dependency evaluation and treatment, counseling, attendance at various program classes, and performance of community work service. 4. Corrections will conduct a criminal record check before a defendant is successfully discharged from diversion. C. FAILURE TO COMPLETE THE DIVERSION PROGRAM AND TERMINATION FROM THE PROGRAM: 1. If a defendant provides false material information to the Court or Corrections during the screening process or entrance into the diversion program, fails to complete any condition of the diversion agreement, commits a new offense during the diversion period, or otherwise violates any rule or condition of the diversion program, the Corrections Department will so notify the defendant, prosecutor and the court of the violation and the defendant will be returned to court for acceptance of the earlier plea of guilty and sentencing. 2. Corrections will give the defendant a date, time and location to appear in court, with notice to the prosecutor. When requested by a defendant and where circumstances justify same, the court may conduct a hearing to determine whether a defendant has violated the diversion program. A defendant failing to successfully complete the diversion program shall not be entitled to withdraw the earlier plea of guilty except as allowed by the court pursuant to Rule 15.05, Minnesota Rules of Criminal Procedure. 3. If the defendant fails to appear in court on the date and at the time and location specified to do so by the Corrections Department, the court may issue a warrant for the arrest of defendant. VI. ANNUAL REPORT: A. The Anoka County Corrections Department will keep records of the number of participating offenders, their offenses, and the jurisdictions they are from. Records will also be kept of the number and characteristics of persons who successfully complete the program and those who fail to complete the program. B. The Corrections Department will provide this information to the Anoka County Attorney's Office. The County Attorney's Office will evaluate the program and report to the Minnesota Department of Corrections and the Legislature by January 1, 1995, and bi-annually thereafter. The report will include a description of the program, data on participants, and an evaluation of the effect of the program on the operation of the Criminal Justice System in Anoka County. VII. DIVERSION PROGRAM IMPLEMENTATION DATE: The Anoka County Adult Criminal Diversion Plan is effective July 1, 1994, and will only apply to crimes committed on or after that date. Offenses committed on or after September 1, 2008 are eligible for the Anoka County Adult Criminal Pre-Charge Diversion Plan. 7

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