8-1009. Determination by prosecuting attorney of whether diversion agreement to be allowed.
8-1009
8-1009. Determination by prosecuting attorney of whether diversion agreement
to be allowed.
(a) Upon the filing of a first complaint, indictment or information alleging
a person has violated K.S.A. 8-1567, and amendments thereto, when the acts
prohibited by K.S.A. 8-1567, and amendments thereto,[*] occur concurrently
with any such alleged violation, and prior to conviction thereof, the district
attorney or county attorney shall determine whether the defendant shall
be allowed to enter into a diversion agreement in accordance with this act.
(b) Upon the filing of a first complaint, citation or notice to appear
alleging a person has violated a city ordinance which prohibits the acts
prohibited by K.S.A. 8-1567, and amendments thereto,
and prior to conviction thereof, the city attorney shall determine whether
the defendant shall be allowed to enter into a diversion agreement in accordance
with this act.
History: L. 1982, ch. 144, § 11; July 1.