Our Purpose:

The Pennington County State’s Attorney’s Office is a Diversion first office. We believe strongly in the rehabilitative approach that Diversion offers for individuals. Adult Diversion offers a second chance for individuals to correct behavior, repair a situation where they financially harmed another person, or access professional assistance to address underlying issues. Diversion focuses on behavior change rather than punishments.

Diversion Guidelines:

  • Diversion is a voluntary program.
  • There is no fee to participate in Diversion. Some classes and services do have a fee, although we try to have free options from community partners. Participants will be required to pay any fees or restitution that are assigned to the file.
  • Constitutional Amendment S, commonly referred to as Marsy’s Law, grants specific rights to victims of crimes. The Pennington County State’s Attorney’s Office follows the guidelines outlined in Marsy’s Law.
  • Diversion is NOT a court avoidance program. Only individuals who accept responsibility for their charges are accepted into the program, and in all cases, you will initial a document accepting responsibility or write a Letter of Responsibility. If the Diversion agreement fails, those documents can be used as evidence when the charge proceeds in court.
  • Individuals in Diversion must continue to attend all scheduled court hearings.
  • Individuals cannot be currently placed on state or federal probation or parole.
  • Upon successful completion:
    • PreCharge Traffic Diversion citations are declined.
    • Traffic citations are dismissed.
    • Young Adult, Adult, & Drug Diversion charges are dismissed and expunged 1 year and 30 days from the dismissal date, so long as there are not any violations of the 1-year obey all laws period.

Eligibility: 

Participants must accept responsibility for their charges, have limited criminal background, and embrace the idea of changing their behavior. Only nonviolent misdemeanors and low-level felonies will be accepted into the program. DUI charges are not eligible.

Program Information

Program length: Usually 1 month, but could be up to 3 months depending on requirements.

Adult drivers rarely receive updated driver’s education during their driving careers, yet traffic violations carry real legal consequences and can pose a risk to public safety. This program is offered to qualifying individuals with safe driving histories and who accept responsibility for their traffic citations. If you are qualified for this program, you will receive a call and/or text from our office requesting that you contact us. To participate in the PreCharge Traffic program, you must call us back within 24 hours.

Traffic Diversion may be offered to individuals who have not participated in Diversion previously and would benefit from a driving review class or an opportunity to correct an infraction. You can request this opportunity at court or by calling our office at 605-791-1671. If you have a ticket that requires a court date, you must attend your court hearing and request Diversion there. Diversion eligibility is always based on past criminal history and driving record.

Program length: Usually 2-3 months, but can be up to 18 months depending on requirements.

Young adults aged 18–25, often referred to as "emerging adults" in the justice system, have unique needs stemming from the fact that their brains are still developing, particularly the prefrontal cortex responsible for impulse control, risk assessment, and long-term planning. A diversion agreement will be created that is tailored to the young adult’s needs in a way that both addresses the changes at issue and supports skill development and behavioral change.

Program length: Usually 2-3 months, but can be up to 18 months depending on requirements.

Adult Diversion provides an opportunity for nonviolent misdemeanor or felony charges to be addressed by the participant. Agreements always prioritize on-time restitution payments to victims, while engaging in community resources to develop better lives and coping skills.

Program length: 12 - 18 months

This program is designed for individuals facing their first or second drug charges who are ready to accept responsibility for their charges and are motivated to engage with community resources to change their usage behavior. This program addresses the spectrum of needs of individuals with misdemeanor or felony drug charges. All individuals will be asked to complete a Treatment Needs Assessment (TNA) and supply a copy prior to your initial meeting. Honesty at the TNA appointment is especially important. If the information provided to the assessor does not match with the law enforcement report, criminal history, or the individual’s disclosure, you will be asked to repeat the TNA.