Juvenile Diversion Program

Stearns County Attorney
Janelle P. Kendall

This program has been developed by the Stearns County Attorney to comply with Minnesota Statute § 388.24 requiring that the County Attorney develop a pre-trial diversion program to:

  • Deliver specific intervention programming to targeted participants to prevent, eliminate, or reduce the rate of recidivism among the programs' participants.
  • Provide eligible offenders with an alternative to the traditional court process and a criminal conviction.
  • Promote the collection of restitution to the victims(s) of the offender's crime.
  • Develop responsible alternatives to the criminal justice system for eligible offenders.
  • Reduce the costs and caseload burdens on district courts and the criminal justice system.

Diversion is designed to use the power of persuasion inherent in the incentive of avoiding a criminal conviction to facilitate rehabilitation, changed thinking, responsible behavior, the payment of restitution to the victim(s), and in some cases, treatment.

The Juvenile Diversion program is available to first time offenders only.

Eligible Offenses

Misdemeanor and Gross Misdemeanor Offenses

Diverted cases must meet the same evidentiary and charging standards as those in which a citation or complaint is filed with the court.

The following offenses are included:

  • Criminal Damage to Property, M.S. § 609.595
  • Theft and Theft-related offenses, M.S. § 609.52 (except theft by an employee from his/her employer or by an individual who occupies a similar position of trust or responsibility is excluded from diversion)
  • Possession/Receiving Stolen Property, M.S. § 609.53
  • Worthless Check, M.S. § 609.535
  • Motor Vehicle Tampering, M.S. § 609.546


Felony Offenses

Diverted cases must meet the same evidentiary and charging standards as those in which a citation or complaint is filed with the court.

Felony offenses are eligible for the diversion program only:

  • as allowed by state statute,
  • within the offense-types listed in Section 2A. (Eligible Misdemeanor and Gross Misdemeanor Offenses), and
  • on the recommendation, in writing, of the Chief Law Enforcement Officer (CLEO) in the jurisdiction referring the matter to the County Attorney's Office. Written recommendations shall include an explanation and/or justification upon which the proposal for admission into the diversion program is made.

The final determination of an offender's eligibility for the diversion program is within the sole discretion of the County Attorney and may be based on additional factors not specifically included within these guidelines.

Download the full Juvenile Diversion Program Description (14 pages; 123 Kb Acrobat file)

Download the Juvenile Diversion Program Brochure (176Kb Acrobat file)