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Diversion

Guidelines

Hennepin County Attorney’s Office

Minnesota Statute 401.065

Minnesota Rule of Criminal Procedure

27.05

Pretrial Diversion Programs

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Minnesota Statute 401.065

Subdivision 1 – Definitions

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.

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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;

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Subd. 3 - Program components (cont.)

(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.

Rule 27.05Pretrial Diversion

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Subd. 1 – Agreements

(1) A prosecution may be suspended for a specified time and then dismissed under subdivision 6 if:

(a) the agreement is in writing and signed by the parties;

(b) the victim's views are considered;

(c) the court consents;

(d) the court finds a substantial likelihood of conviction and that the benefits of rehabilitation outweigh the harm to society from suspending prosecution.

(2) The agreement must provide that the defendant not commit a new crime or petty misdemeanor and that the defendant waive the right to a speedy trial. In addition, the agreement may:

(a) include stipulations of fact or of the admissibility of specified testimony, other evidence, and depositions if the diversion agreement is terminated and the case is tried;

(b) provide for any term a court could impose as a condition of probation except the defendant may not be incarcerated as a condition of diversion.

(3) Limitations. The agreement cannot suspend prosecution longer than the period of probation the court could impose if the defendant were convicted. The agreement cannot include a condition the court could not impose as a condition of probation.

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HCAO Diversion Criteria

Two Types of Cases:1) Property

- Pre-charge Diversion

- Post-Charge Diversion

1) Drug

- Post-charge Diversion

Property CasesPre- Charge Diversion Eligibility

1) Loss is felony level but $2,000 or less

2) Date of offense is within one year of submission to our office

3) No prior criminal history

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Post-Charge Diversion Eligibility

1) Loss must be $5,000 or less

2) For WOPA cases loss must be $10,000 or less (wrongfully obtained public assistance)

Property Cases

Post-Charge Diversion

1) 4th Degree possession (Minn. Stat. 152.024)

2) 5th Degree possession (Minn. Stat. 152.025)

Drug Cases

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Exclusions• No prior felony convictions, EJJ or 152.18

dispositions.

• No prior juvenile adjudications for felony level crimes against the person.

• No prior diversion.

• No possession of a firearm in the current case.

• Defendant must not be working at a medical job where access to controlled substances may harm others.

• No prior misdemeanor or gross misdemeanor convictions involving a firearm.

• Current case must not show a high degree of sophistication or planning.

• No theft of public funds by public employees.

• No cases involving vulnerable adult victims.

• No domestic property cases.

Exclusions

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• No graffiti cases.

• No cases involving stripping metal from houses.

• No burglary cases, except burglary 3 trespass cases with extenuating circumstances.

Exclusions

The decision whether or not to divert a case is the prosecutor’s. In determining whether to offer diversion, the prosecutor may consider other issues including, but not limited to:

• mental health issues

• prior misdemeanor or gross misdemeanor history

• prior history of non-felony level domestic abuse cases

• a long history of bench warrants

• being on a Court Watch list; or

• extreme addictions issues

Annual Program Summary 2014

Mission: Providing opportunities for a second chance.

In 2014, Operation de Novo, Inc changed our mission statement to providing opportunities for a second chance. Our previous mission was providing opportunities for people to be valued, contributing members of society. The Board of Directors decided on the change because the clientele we serve are valued and more often than not, already contributing members of society. Our clients are people who made a mistake and we want to ensure that their mistake does not change the course of their future. We want to assist in helping them to remain out of the criminal justice system, to avoid a conviction, and to avoid the collateral consequences of a criminal record. Operation de Novo admitted 886 new diversion cases in 2014: 446 drug diversion clients, 415 property diversion clients, and 25 pre-charge diversion clients.

The diversion program is, at minimum, a year long program. Thus the admissions in 2014 and the discharges in 2014 are not the same cases, the 2014 discharges are cases that were admitted in 2013 or before. The discharge rate for 2014 admissions is incomplete due to most admissions still being active in the program. Drug case admissions were significantly lower in 2013 and rose in 2014 by 14.6%.

Of the discharges in 2014, 77% of clients had their cases dismissed and 23% were returned to court on a new arrest or technical violation.

Operation de Novo collected $194,913 in restitution, which was returned to victims of property crimes.

164 clients completed 24 hours or more of community service.

Admissions

Drug Property Pre-charge

Discharges

Drug Property Pre-charge

Operation de Novo spent much of 2014 laying a foundation to better serve the needs of our clients. The following achievements and changes were instituted in 2014:

• Training in the fundamentals of evidence-based practice. • Implementation of the proxy risk assessment so that clients may be placed on appropriate

supervision levels in accordance with their risk level (high, medium, low). • Crisis Intervention Team training, to assist in better decision making with mentally ill clients. • Motivational Interviewing training was also offered to case managers and court screeners in

order to improve communications with clients and assist with behavior change. • Increased evening hours are being offered to meet the needs of clients who are working or

attending school during traditional business hours. • Our resource room was updated to include a job board which is updated with employment

opportunities in the metropolitan area. • A new website was launched, www.operationdenovo.org, to better describe our program. The

website is now a viable resource for de Novo clients and stakeholders. • We increased recruitment for Board of Directors members. Operation de Novo was able to

double the size of the board. The current Board of Directors are : o Chair: Ann Remington, Hennepin County Public Defender’s Office o Secretary: Polly Keppel, Community Advocate o Treasurer: Dave Zuelke, Community Advocate o Jeannie Ayres, Rocket 55 o N. Jean Fountain, Independent Consultant o Dennis Miller, Fourth Judicial District DWI Court Coordinator o Jason Sole, Criminal Justice Consultant o Bridgette Sullivan, Fourth Judicial District Judge o T. Williams, Augsburg College Adjunct Professor

• Songs for Second Chances, Operation de Novo’s first annual fundraiser in many years was held. The event succeeded in raising awareness of Operation de Novo, donations, and partnerships with neighborhood businesses.

In 2015, Operation de Novo will begin offering MRT (Moral Reconation Therapy) groups to high risk clients to address anti-social thoughts and behaviors. We will also move to a new case management and data base system, Caseload Pro. This will allow for more thorough tracking of client data and program statistics. The ORAS (Ohio Risk Assessment System) will be implemented, which will allow for the community supervision risk and needs assessment tool. This assessment will be conducted after the initial proxy assessment on medium and high risk clients to understand the criminogenic factors which contribute to recidivism.

The goal of the diversion program is to successfully divert first time property and drug offenders from traditional case processing and give them an opportunity to have their cases dismissed. We also strive to work with clients to reduce their future involvement in the criminal justice system by targeting their needs and working with them to achieve their personal goals. All of our policies and practices are implemented with this goal in mind. Operation de Novo also has a yearly audit. An annual financial summary is also available for 2014 upon request.

Established in 1971, de Novo focuses on helping each individual client find success.

What kind of programs does Operation de Novo offer? De Novo clients fall into one of four general program areas and then work with a case manager to individualize their diversion to best suit their particular needs.

• Pre-charge Felony Property Program

• Pretrial Felony Property Program • Pretrial Felony Drug Program • Pretrial Misdemeanor and Gross

Misdemeanor Property Program

Each program lasts one year, but may be continued to benefit a client who is making consistent progress.

Who We Are

About Us Operation de Novo offers pre-charge and pre-trial diversion programs aimed at giving our clients a second chance by keeping them out of the criminal justice system. We also offer expungement services for individuals seeking to seal their criminal record.

Hours

Monday and Wednesday 8-6:30 p.m. Tuesday and Thursday 8-6:30 p.m. Friday available by phone and email.

Contact Us 800 Washington Avenue North Suite 504 Minneapolis, MN 55401 Phone: 612.355.5000 Web: www.operationdenovo.org www.facebook.com/operationdenovo Executive Director: Niki Leicht 612-355-5020 nleicht@operationdenovo.org

Director of Operations: Ryan Ellis 612-355-5036 rpellis@operationdenovo.org

Providing opportunities for a

second chance.

Operation De Novo Offers:

• Moral Reconation Therapy (MRT) • Restitution Collection • Drug Test Monitoring • Individual case management • Resources for employment and

education • Community service placement and

monitoring

A vision for a better community and a better future

At Operation de Novo, we see every client as a person who deserves a second chance. No matter who you are or what your circumstances may be, you’ve been in a tough situation at some point in your life. If you were lucky, someone was there to lend a hand. By giving people the support they need to pick themselves up, our community will have a strong foundation built on good people and good relationships.

Operation de Novo implements Evidence Based Practices in order to ensure that client success is both measurable and meaningful. When a client enters the de Novo program, they are making a choice to evaluate and redirect the course of their life for the better.

"Operation de Novo has received national

recognition for the design and

implementation of its diversion program,

making diversion in Hennepin County a

national model, duplicated both locally

and throughout the country."

Operation de Novo currently serves over 1,000 clients in Hennepin County.

Of clients discharged in 2014, 77% successfully completed the program and had their charges dismissed.

In 2014, Operation de Novo collected $194,913 in restitution, which was successfully returned to victims.

3,946 hours of community service were performed.

An individual's criminal record is sealed or destroyed from the state or federal repository

A criminal record can haunt an individual for years after the offense, even if that person has remained an upstanding member of society. Those with criminal records may have a difficult time finding employment or securing housing.

Expungement Administration

At de Novo, we understand the difficulties people face with legal trouble. We also understand that the expungement law is changing.

We are here to help individuals navigate their way to a restored freedom from criminal records.

De Novo walks individuals through the expungement process and helps them understand their rights. Contact de Novo to schedule an appointment.