12-4414.   Same; when agreements to be offered; written policies; informationto be furnished; right to counsel.(a) After a complaint has been filed charging a defendant with violationof an alcohol or drug related offense and prior to convictionthereof, and after thecity attorney has considered the factors listed in K.S.A. 12-4415, if it appearsto the city attorney that diversion of thedefendant would be in the interests of justice and of benefit to thedefendant and the community, the city attorney may propose adiversion agreement to the defendant. The terms of each diversionagreement shall be established by the city attorney in accordancewith K.S.A. 12-4416.

      (b)   Each city attorney shall adopt written policies andguidelines for the implementation of a diversion program in accordancewith K.S.A. 8-1009, 12-4412 to 12-4417 and 22-3609[*], inclusive. Such policiesand guidelines shall provide for adiversion conference and other procedures in those cases where thecity attorney elects to offer diversion in lieu of further criminalproceedings on the complaint.

      (c)   Each defendant shall be informed in writing of the diversionprogram and the policies and guidelines adopted by the cityattorney. The city attorney may require any defendant requestingdiversion to provide information regarding prior criminal charges,education, work experience and training, family, residence in thecommunity, medical history, including any psychiatric or psychologicaltreatment or counseling, and other information relating to the diversionprogram. In all cases, the defendant shall be present and shall have theright to be represented by counsel at the diversion conference with thecity attorney.

      History:   L. 1982, ch. 144, § 13; July 1.