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Office of the Revisor of Statutes

401.065 PRETRIAL DIVERSION PROGRAMS.
    Subdivision 1. Definition. As used in this section:
(1) a person is an "offender" if:
(i) the person is charged with, or probable cause exists to arrest or charge the person with, a
felony, gross misdemeanor, or misdemeanor crime, other than a crime against the person, but the
person has not yet entered a plea in the proceedings;
(ii) the person has not previously been convicted as an adult in Minnesota or any other state
of any crime against the person; and
(iii) the person has not previously participated as an adult in Minnesota in a pretrial diversion
program, including a program that existed before July 1, 1994, and had charges dismissed or
not filed as part of that program; and
(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a diversion
program on condition that the criminal charges against the offender will be dismissed after a
specified period of time, or the case will not be charged, if the offender successfully completes the
program.
    Subd. 2. Establishment of program. By July 1, 1994, every county attorney of a county
participating in the Community Corrections Act shall establish a pretrial diversion program for
adult offenders. If the county attorney's county participates in the Community Corrections Act
as part of a group of counties under section 401.02, the county attorney may establish a pretrial
diversion program in conjunction with other county attorneys in that group of counties. The
program must be designed and operated to further the following goals:
(1) to provide eligible offenders with an alternative to confinement and a criminal conviction;
(2) to reduce the costs and caseload burdens on district courts and the criminal justice system;
(3) to minimize recidivism among diverted offenders;
(4) to promote the collection of restitution to the victim of the offender's crime; and
(5) to develop responsible alternatives to the criminal justice system for eligible offenders.
    Subd. 3. Program components. A diversion program established under this section may:
(1) provide screening services to the court and the prosecuting authorities to help identify
likely candidates for pretrial diversion;
(2) establish goals for diverted offenders and monitor performance of these goals;
(3) perform chemical dependency assessments of diverted offenders where indicated, make
appropriate referrals for treatment, and monitor treatment and aftercare;
(4) provide individual, group, and family counseling services;
(5) oversee the payment of victim restitution by diverted offenders;
(6) assist diverted offenders in identifying and contacting appropriate community resources;
(7) provide educational services to diverted offenders to enable them to earn a high school
diploma or GED; and
(8) provide accurate information on how diverted offenders perform in the program to the
court, prosecutors, defense attorneys, and probation officers.
    Subd. 3a. Reporting of data to criminal justice information system (CJIS). (a) Every
county attorney who establishes a diversion program under this section shall report the following
information to the Bureau of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other identifying
information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program, where
applicable; and
(5) the date on which the individual was removed from the diversion program for failure to
successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be entered into
and maintained in the criminal history file of the Minnesota criminal justice information system.
(b) Effective August 1, 1997, the reporting requirements of this subdivision shall apply
to misdemeanor offenses.
    Subd. 4. Reports. By January 1, 1995, and biennially thereafter, each county attorney shall
report to the state court administrator and the legislature on the operation of a pretrial diversion
program required by this section. The report shall include a description of the program, the
number of offenders participating in the program, the number and characteristics of the offenders
who successfully complete the program, the number and characteristics of the offenders who
fail to complete the program, and an evaluation of the program's effect on the operation of the
criminal justice system in the county.
History: 1993 c 326 art 10 s 11; 1994 c 576 s 43,44; 1995 c 226 art 4 s 20; 1995 c 259
art 1 s 55; 2000 c 299 s 6