Before someone can be considered for Diversion, the Criminal Division must first conclude that the defendant is eligible.

If a defendant meets the eligibility criteria for the program, and the victim has no opposition to Diversion, an Assistant District Attorney may refer the case. Once the file reaches the Diversion Division, the case will be reviewed and the requirements will be determined. After a case is accepted into the program, a Case Manager will contact the defendant by phone, mail, email or through the defense attorney. At the appointment the defendant will meet with the Case Manager, and all of the conditions and guidelines will be explained. Should the defendant agree to the terms, conditions, and guidelines, the defendant will enroll in the program.