2025 Session Last amended: 2023 session

§ 611A.031 — Victim Input Regarding Pretrial Diversion

Plain-Language Summary

This section requires a prosecutor to make every reasonable effort to notify the victim and seek the victim's input before referring a person into a pretrial diversion program in place of prosecution. It applies only to a defined list of serious offenses, including murder, manslaughter, assault, domestic assault, robbery, kidnapping, criminal sexual conduct, arson, terroristic threats, and stalking. The victim's chance to be heard comes before the diversion decision is made.

Practical Notes
The duty to notify and seek victim input is triggered only for the violent and serious crimes listed in the statute (the enumerated sections of chapter 609), not for every offense eligible for diversion. The prosecutor must make a reasonable effort to reach the victim before, not after, deciding to divert the case.