12-4418. Failure to fulfill diversion agreement; satisfactory fulfillment; records.
12-4418
12-4418. Failure to fulfill diversion agreement; satisfactory
fulfillment; records.
(a) If the city attorney finds at the termination of the diversion
period or any time prior thereto that the defendant has failed to
fulfill the terms of the specific diversion agreement, the city
attorney shall inform the municipal court of such finding and the
municipal court, after finding that the defendant has failed to fulfill
the terms of the specific diversion agreement at a hearing thereon,
shall resume the criminal proceedings on the complaint.
(b) If the defendant has fulfilled the terms of the diversion
agreement, the municipal court shall dismiss with prejudice the criminal
charges filed against the defendant.
(c) The city
attorney shall forward to the division of vehicles of the state department
of revenue a record of the fact that a defendant did or did not fulfill
the terms of a diversion agreement required to be filed under subsection
(d) of K.S.A. 12-4416 and amendments thereto. Such record shall be made
available to any county, district or city attorney or court.
History: L. 1982, ch. 144, § 17;
L. 1985, ch. 79, § 3; July 1.