Juvenile Diversion Programs: a Prosecutor's Guide to Alternatives and Outcomes

• Citation: Vol. 48 No. 5 Pg. 30
• Year: 2025
• Pages: 30

Juvenile Diversion Programs: A Prosecutor's Guide to Alternatives and Outcomes No. Vol. 48 5 Pg. 30 Wyoming Bar Journal October, 2025

by Jennifer K. Stone

A juvenile diversion program is an alternative to formal prosecution that diverts a juvenile from the court process and avoids a conviction and punishment through the court system. These programs require successful completion of the program terms, which are typically focused on providing necessary resources and educational components. Diversion is focused on reducing recidivism and tailored to each individual's needs and the crime alleged.

Let's look at a hypothetical juvenile's experience (Ken) who received a citation for minor in possession of alcohol. Ken has zero experience with the criminal justice system. Though he has talked with law enforcement officers who work in his school through a School Resource Officer (SRO) program, Ken has never had a negative experience with an officer. Until last weekend. The music and beer seemed fun at the house party he attended with his friends until law enforcement showed up and issued Ken a citation for Minor in Possession of Alcohol.

The citation includes Ken's charge and a court date in the circuit court, but he has no idea what to do, where to go or what opportunities are available to him (or how his future could be impacted by a criminal conviction). Ken's parents are also at a loss because they are unfamiliar with the criminal justice process.

If Ken and his parents went to court, he would appear before the judge who would explain Ken's rights and then be asked to enter a plea or request time to speak with an attorney. If Ken pleaded guilty because he didn't think he needed an attorney, he would then have a criminal conviction on his record. He would also be sentenced to pay a fine and court costs and it he failed to pay on time, be subject to a bench warrant and arrest. As a juvenile, Ken would have the opportunity to have the conviction expunged from his record, but that would also involve more court process.

In our hypothetical, Ken's parents are contacted by the County Attorney's Office and invited to a meeting to discuss the diversion program for Ken. Instead of having to appear in court and talk to a judge, they agree to meet with someone from the County Attorney's Office. At the meeting, the diversion program is explained to Ken and his parents, including how completing a diversion program can make a difference in Ken's life, by keeping a conviction off his record, providing resources and education to him and his family, and requiring accountability for his actions. Once Ken completes the diversion program, the citation is dismissed, and he does not have to go to court or have a conviction expunged.

Here are some questions and answers that...