12-4416.   Same; provisions of diversion agreement; waiver of certainrights; effect of failure to fulfill or accept agreement; duties of cityattorney and division of vehicles.(a) A diversion agreement shall provide that if the defendant fulfills theobligations of the program described therein, as determinedby the city attorney, the city attorney shall act to have the criminal chargesagainst the defendant dismissed with prejudice. The diversion agreementshall include specifically the waiver of all rights under the law or theconstitution of Kansas or of the United States to counsel, a speedyarraignment,a speedy trial, and the right to trial by jury. The diversionagreement may include, but is not limited to, provisions concerning paymentof restitution, includingcourt costs and diversion costs, residence in a specified facility, maintenanceof gainful employment, and participation in programs offering medical,educational,vocational, social and psychological services, corrective andpreventive guidance and other rehabilitative services. The diversion agreementshall state:

      (1)   The defendant's full name;

      (2)   the defendant's full nameat the time the complaint was filed, if different from the defendant's currentname;

      (3)   the defendant's sex, race and date of birth;

      (4)   the crime withwhich the defendant is charged;

      (5)   the date the complaint was filed; and

      (6)   the municipal court with which the agreement is filed.

      (b)   If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging an alcohol related offense, the diversionagreement shall include a stipulation, agreed to by the defendant and thecity attorney, of the factsupon which the charge is based anda provision that if the defendant fails to fulfill the terms of the specificdiversion agreement and the criminal proceedings on the complaint are resumed,the proceedings, including any proceedings on appeal, shall be conductedon the record of the stipulation of facts relating to the complaint. Inaddition, the agreement shall include a requirement that the defendant:

      (1)   Pay a fine specifiedby the agreement in an amount equal to an amount authorized by K.S.A. 8-1567, andamendments thereto, for a first offense or, in lieu of payment of the fine,perform community service specified by the agreement, consonant withK.S.A. 8-1567, and amendments thereto; and

      (2)   enroll in and successfully completean alcohol and drug safety action programora treatment program, or both, as provided in K.S.A. 8-1008, and amendmentsthereto, and specified by the agreement, and pay the assessmentrequired by K.S.A. 8-1008, and amendments thereto.

      (c)   If the personentering into a diversion agreement is a nonresident, the city attorneyshall transmit a copy of the diversion agreement to the division. Thedivision shall forward acopy of the diversion agreement to the motor vehicle administratorof the person's state ofresidence.

      (d)   If thecity attorney elects to offer diversion in lieu of furthercriminal proceedings on the complaint and the defendant agrees to all ofthe terms of the proposed agreement, the diversion agreement shall be filedwith the municipal court and the municipal court shall stay further proceedingson the complaint. If the defendantdeclines to accept diversion, the municipal courtshall resume the criminal proceedings on the complaint.

      (e)   The city attorney shall forward to the division of vehicles of thestate department of revenue a copy of the diversion agreement at the timesuch agreement is filed with the municipal court. The copy of the agreementshall be made available upon request to any county, district or city attorney or court.

      History:   L. 1982, ch. 144, § 15;L. 1985, ch. 48, § 12;L. 1986, ch. 131, § 1;L. 1988, ch. 48, § 4; L. 1988, ch. 47, § 20;L. 1989, ch. 38, § 44;L. 1990, ch. 77, § 1; July 1.