12-4414. Same; when agreements to be offered; written policies; information to be furnished; right to counsel.
12-4414
12-4414. Same; when agreements to be offered; written policies; information
to be furnished; right to counsel.
(a) 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, 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.
(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, 12-4412 to 12-4417 and 22-3609[*], inclusive. 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.
History: L. 1982, ch. 144, § 13; July 1.