12-4415.   Municipal court diversion; factors to consider; when prohibited.(a) In determining whether diversion of a defendant is in the interests ofjustice and of benefit to the defendant and the community, the cityattorney shall consider at least the following factors among all factors considered:

      (1)   The nature of the crime charged and the circumstances surrounding it;

      (2)   any special characteristics or circumstances of the defendant;

      (3)   whether the defendant is a first-time offender of an alcohol relatedoffense and if the defendant has previously participated in diversion,according to the certification of the division of vehicles of the statedepartment of revenue;

      (4)   whether there is a probability that the defendant will cooperatewith and benefit from diversion;

      (5)   whether the available diversion program is appropriate to theneeds of the defendant;

      (6)   the impact of the diversion of the defendant upon the community;

      (7)   recommendations, if any, of the involved law enforcement agency;

      (8)   recommendations, if any, of the victim;

      (9)   provisions for restitution; and

      (10)   any mitigating circumstances.

      (b)   A city attorney shall not enter into a diversion agreement in lieuof further criminal proceedings on a complaint alleging analcohol related offense if the defendant:

      (1)   Has previously participated in diversion of an alcohol relatedoffense;

      (2)   has previously been convicted of or pleaded nolo contendere toan alcohol related offense in this state or has previously been convictedof or pleaded nolo contendere to a violation of K.S.A. 8-1567 andamendments thereto or of a law of another state, or of a politicalsubdivision thereof, which prohibits the acts prohibited by that statute; or

      (3)   during the time of the alleged alcohol related offense was involvedin a motor vehicle accident or collision resulting in personal injury or death.

      History:   L. 1982, ch. 144, § 14; L. 1985, ch. 48, § 11; L. 1986, ch.185, § 1; July 1.