(a) Except as provided in K.S.A. 8-1567, and amendments thereto, after a complaint has been filed charging a defendant with
violation of an alcohol or drug related offense and prior to conviction thereof, and
after the city attorney has considered the factors listed in K.S.A. 12-4415, and amendments thereto, if it appears to the city attorney that diversion of the
defendant would be in the interests of justice and of benefit to the defendant and
the community, the city attorney may propose a diversion agreement to the defendant. The terms of each diversion agreement shall be established by the city attorney
in accordance with K.S.A. 12-4416, and amendments thereto.
(b) Each city attorney shall adopt written policies and guidelines for the implementation
of a diversion program in accordance with K.S.A. 8-1009 and 12-4412 through 12-4417, and amendments thereto. Such policies and guidelines shall provide for a diversion conference and other
procedures in those cases where the city attorney elects to offer diversion in lieu
of further criminal proceedings on the complaint.
(c) Each defendant shall be informed in writing of the diversion program and the policies
and guidelines adopted by the city attorney. The city attorney may require any defendant requesting diversion to provide information
regarding prior criminal charges, education, work experience and training, family,
residence in the community, medical history, including any psychiatric or psychological
treatment or counseling, and other information relating to the diversion program. In all cases, the defendant shall be present and shall have the right to be represented
by counsel at the diversion conference with the city attorney.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.