12-4419.   Defendants under 21 years, drug and alcoholevaluations.(a) Except as provided in subsection (b), if a diversionagreement between a city attorney and adefendant is entered into in lieu of further criminal proceedings alleginga violation by the defendant, while under 21 years of age, of an ordinanceprohibiting an act prohibited by K.S.A. 2009 Supp. 21-36a01 through 21-36a17,and amendmentsthereto, or K.S.A. 41-719, 41-727, 41-804,41-2719 or 41-2720,and amendments thereto, theagreementshall require the defendant to submit to and complete an alcohol and drugevaluation by a community-based alcohol and drug safety action programcertified pursuant to K.S.A. 8-1008, and amendments thereto, andto pay a feenot to exceed thefee established by that statute for such evaluation. If the city attorneyfinds that the defendant is indigent, the fee may be waived.

      (b)   If the defendant is 18 ormore years of age but less than 21 years of age and allegedly committed aviolation of K.S.A. 41-727, and amendments thereto, involving cereal maltbeverage, the provisions of subsection (a) are permissive and not mandatory.

      History:   L. 1989, ch. 95, § 2;L. 2009, ch. 32, § 21; July 1.